[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Part 60 (Sec.  60.1 to End)

                         Revised as of July 1, 2007


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........     901
      Table of CFR Titles and Chapters........................     909
      Alphabetical List of Agencies Appearing in the CFR......     927
      List of CFR Sections Affected...........................     937

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 60.1 refers 
                       to title 40, part 60, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2007), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of textual material 
appearing in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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ELECTRONIC SERVICES

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CFR Sections Affected), The United States Government Manual, the Federal 
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    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-one 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-84, part 85-Sec.  86.599-99, 
part 86 (86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2007.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189, within part 180. Regulations issued by the Council on 
Environmental Quality, including an Index to Parts 1500 through 1508, 
appear in the volume containing part 790 to End. The OMB control numbers 
for title 40 appear in Sec.  9.1 of this chapter.

    For this volume, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Ann Worley.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




            (This book contains part 60 (Sec. 60.1 to end))

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          60

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
60              Standards of performance for new stationary 
                    sources.................................           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table

of Contents




                      Subpart A_General Provisions

Sec.
60.1 Applicability.
60.2 Definitions.
60.3 Units and abbreviations.
60.4 Address.
60.5 Determination of construction or modification.
60.6 Review of plans.
60.7 Notification and record keeping.
60.8 Performance tests.
60.9 Availability of information.
60.10 State authority.
60.11 Compliance with standards and maintenance requirements.
60.12 Circumvention.
60.13 Monitoring requirements.
60.14 Modification.
60.15 Reconstruction.
60.16 Priority list.
60.17 Incorporations by reference.
60.18 General control device requirements.
60.19 General notification and reporting requirements.

     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

60.20 Applicability.
60.21 Definitions.
60.22 Publication of guideline documents, emission guidelines, and final 
          compliance times.
60.23 Adoption and submittal of State plans; public hearings.
60.24 Emission standards and compliance schedules.
60.25 Emission inventories, source surveillance, reports.
60.26 Legal authority.
60.27 Actions by the Administrator.
60.28 Plan revisions by the State.
60.29 Plan revisions by the Administrator.

           Subpart C_Emission Guidelines and Compliance Times

60.30 Scope.
60.31 Definitions.

Subpart Ca [Reserved]

Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That Are Constructed on or Before September 20, 1994

60.30b Scope and delegation of authority.
60.31b Definitions.
60.32b Designated facilities.
60.33b Emission guidelines for municipal waste combustor metals, acid 
          gases, organics, and nitrogen oxides.
60.34b Emission guidelines for municipal waste combustor operating 
          practices.
60.35b Emission guidelines for municipal waste combustor operator 
          training and certification.
60.36b Emission guidelines for municipal waste combustor fugitive ash 
          emissions.
60.37b Emission guidelines for air curtain incinerators.
60.38b Compliance and performance testing.
60.39b Reporting and recordkeeping guidelines and compliance schedules.

Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for 
          Designated Facilities
Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for Existing 
          Designated Facilities Included in an Emissions Averaging Plan 
          at a Municipal Waste Combustor Plant
Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor Operating 
          Guidelines

Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

60.30c Scope.
60.31c Definitions.
60.32c Designated facilities.
60.33c Emission guidelines for municipal solid waste landfill emissions.
60.34c Test methods and procedures.
60.35c Reporting and recordkeeping guidelines.
60.36c Compliance times.

 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

60.30d Designated facilities.
60.31d Emissions guidelines.

[[Page 6]]

60.32d Compliance times.

    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

60.30e Scope.
60.31e Definitions.
60.32e Designated facilities.
60.33e Emission guidelines.
60.34e Operator training and qualification guidelines.
60.35e Waste management guidelines.
60.36e Inspection guidelines.
60.37e Compliance, performance testing, and monitoring guidelines.
60.38e Reporting and recordkeeping guidelines.
60.39e Compliance times.

Table 1 to Subpart Ce--Emission Limits for Small, Medium, and Large 
          HMIWI
Table 2 to Subpart Ce--Emission Limits for Small HMIWI which meet the 
          criteria under Sec. 60.33e(b)

     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
  Generators for Which Construction Is Commenced After August 17, 1971

60.40 Applicability and designation of affected facility.
60.41 Definitions.
60.42 Standard for particulate matter (PM).
60.43 Standard for sulfur dioxide (SO2).
60.44 Standard for nitrogen oxides (NOX).
60.45 Emission and fuel monitoring.
60.46 Test methods and procedures.

     Subpart Da_Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 18, 
                                  1978

60.40Da Applicability and designation of affected facility.
60.41Da Definitions.
60.42Da Standard for particulate matter (PM).
60.43Da Standard for sulfur dioxide (SO2).
60.44Da Standard for nitrogen oxides (NOX).
60.45Da Standard for mercury (Hg).
60.46Da [Reserved]
60.47Da Commercial demonstration permit.
60.48Da Compliance provisions.
60.49Da Emission monitoring.
60.50Da Compliance determination procedures and methods.
60.51Da Reporting requirements.
60.52Da Recordkeeping requirements.

     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

Sec.
60.40b Applicability and delegation of authority.
60.41b Definitions.
60.42b Standard for sulfur dioxide (SO2).
60.43b Standard for particulate matter (PM).
60.44b Standard for nitrogen oxides (NOX).
60.45b Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.46b Compliance and performance test methods and procedures for 
          particulate matter and nitrogen oxides.
60.47b Emission monitoring for sulfur dioxide.
60.48b Emission monitoring for particulate matter and nitrogen oxides.
60.49b Reporting and recordkeeping requirements.

  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

60.40c Applicability and delegation of authority.
60.41c Definitions.
60.42c Standard for sulfur dioxide (SO2).
60.43c Standard for particulate matter (PM).
60.44c Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.45c Compliance and performance test methods and procedures for 
          particulate matter.
60.46c Emission monitoring for sulfur dioxide.
60.47c Emission monitoring for particulate matter.
60.48c Reporting and recordkeeping requirements.

 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction is Commenced After December 20, 1989 and on or Before 
                           September 20, 1994

60.50a Applicability and delegation of authority.
60.51a Definitions.
60.52a Standard for municipal waste combustor metals.
60.53a Standard for municipal waste combustor organics.
60.54a Standard for municipal waste combustor acid gases.
60.55a Standard for nitrogen oxides.

[[Page 7]]

60.56a Standard for municipal waste combustor operating practices.
60.57a [Reserved]
60.58a Compliance and performance testing.
60.59a Reporting and recordkeeping requirements.

Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

60.50b Applicability and delegation of authority.
60.51b Definitions.
60.52b Standards for municipal waste combustor metals, acid gases, 
          organics, and nitrogen oxides.
60.53b Standards for municipal waste combustor operating practices.
60.54b Standards for municipal waste combustor operator training and 
          certification.
60.55b Standards for municipal waste combustor fugitive ash emissions.
60.56b Standards for air curtain incinerators.
60.57b Siting requirements.
60.58b Compliance and performance testing.
60.59b Reporting and recordkeeping requirements.

  Subpart Ec_Standards of Performance for Hospital/Medical/Infectious 
 Waste Incinerators for Which Construction is Commenced After June 20, 
                                  1996

60.50c Applicability and delegation of authority.
60.51c Definitions.
60.52c Emission limits.
60.53c Operator training and qualification requirements.
60.54c Siting requirements.
60.55c Waste management plan.
60.56c Compliance and performance testing.
60.57c Monitoring requirements.
60.58c Reporting and recordkeeping requirements.

Table 1 to Subpart Ec--Emission Limits for Small, Medium, and Large 
          HMIWI
Table 2 to Subpart Ec--Toxic Equivalency Factors
Table 3 to Subpart Ec--Operating Parameters To Be Monitored and Minimum 
          Measurement and Recording Frequencies

      Subpart F_Standards of Performance for Portland Cement Plants

60.60 Applicability and designation of affected facility.
60.61 Definitions.
60.62 Standard for particulate matter.
60.63 Monitoring of operations.
60.64 Test methods and procedures.
60.65 Recordkeeping and reporting requirements.
60.66 Delegation of authority.

        Subpart G_Standards of Performance for Nitric Acid Plants

60.70 Applicability and designation of affected facility.
60.71 Definitions.
60.72 Standard for nitrogen oxides.
60.73 Emission monitoring.
60.74 Test methods and procedures.

       Subpart H_Standards of Performance for Sulfuric Acid Plants

60.80 Applicability and designation of affected facility.
60.81 Definitions.
60.82 Standard for sulfur dioxide.
60.83 Standard for acid mist.
60.84 Emission monitoring.
60.85 Test methods and procedures.

    Subpart I_Standards of Performance for Hot Mix Asphalt Facilities

60.90 Applicability and designation of affected facility.
60.91 Definitions.
60.92 Standard for particulate matter.
60.93 Test methods and procedures.

       Subpart J_Standards of Performance for Petroleum Refineries

60.100 Applicability, designation of affected facility, and 
          reconstruction.
60.101 Definitions.
60.102 Standard for particulate matter.
60.103 Standard for carbon monoxide.
60.104 Standards for sulfur oxides.
60.105 Monitoring of emissions and operations.
60.106 Test methods and procedures.
60.107 Reporting and recordkeeping requirements.
60.108 Performance test and compliance provisions.
60.109 Delegation of authority.

  Subpart K_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After June 11, 1973, and Prior to May 19, 1978

60.110 Applicability and designation of affected facility.
60.111 Definitions.
60.112 Standard for volatile organic compounds (VOC).

[[Page 8]]

60.113 Monitoring of operations.

 Subpart Ka_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After May 18, 1978, and Prior to July 23, 1984

60.110a Applicability and designation of affected facility.
60.111a Definitions.
60.112a Standard for volatile organic compounds (VOC).
60.113a Testing and procedures.
60.114a Alternative means of emission limitation.
60.115a Monitoring of operations.

Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

60.110b Applicability and designation of affected facility.
60.111b Definitions.
60.112b Standard for volatile organic compounds (VOC).
60.113b Testing and procedures.
60.114b Alternative means of emission limitation.
60.115b Reporting and recordkeeping requirements.
60.116b Monitoring of operations.
60.117b Delegation of authority.

     Subpart L_Standards of Performance for Secondary Lead Smelters

60.120 Applicability and designation of affected facility.
60.121 Definitions.
60.122 Standard for particulate matter.
60.123 Test methods and procedures.

   Subpart M_Standards of Performance for Secondary Brass and Bronze 
                            Production Plants

60.130 Applicability and designation of affected facility.
60.131 Definitions.
60.132 Standard for particulate matter.
60.133 Test methods and procedures.

  Subpart N_Standards of Performance for Primary Emissions from Basic 
Oxygen Process Furnances for Which Construction is Commenced After June 
                                11, 1973

60.140 Applicability and designation of affected facility.
60.141 Definitions.
60.142 Standard for particulate matter.
60.143 Monitoring of operations.
60.144 Test methods and procedures.

 Subpart Na_Standards of Performance for Secondary Emissions from Basic 
    Oxygen Process Steelmaking Facilities for Which Construction is 
                    Commenced After January 20, 1983

60.140a Applicability and designation of affected facilities.
60.141a Definitions.
60.142a Standards for particulate matter.
60.143a Monitoring of operations.
60.144a Test methods and procedures.
60.145a Compliance provisions.

     Subpart O_Standards of Performance for Sewage Treatment Plants

60.150 Applicability and designation of affected facility.
60.151 Definitions.
60.152 Standard for particulate matter.
60.153 Monitoring of operations.
60.154 Test methods and procedures.
60.155 Reporting.
60.156 Delegation of authority.

     Subpart P_Standards of Performance for Primary Copper Smelters

60.160 Applicability and designation of affected facility.
60.161 Definitions.
60.162 Standard for particulate matter.
60.163 Standard for sulfur dioxide.
60.164 Standard for visible emissions.
60.165 Monitoring of operations.
60.166 Test methods and procedures.

      Subpart Q_Standards of Performance for Primary Zinc Smelters

60.170 Applicability and designation of affected facility.
60.171 Definitions.
60.172 Standard for particulate matter.
60.173 Standard for sulfur dioxide.
60.174 Standard for visible emissions.
60.175 Monitoring of operations.
60.176 Test methods and procedures.

      Subpart R_Standards of Performance for Primary Lead Smelters

60.180 Applicability and designation of affected facility.
60.181 Definitions.
60.182 Standard for particulate matter.
60.183 Standard for sulfur dioxide.
60.184 Standard for visible emissions.
60.185 Monitoring of operations.
60.186 Test methods and procedures.

[[Page 9]]

Subpart S_Standards of Performance for Primary Aluminum Reduction Plants

60.190 Applicability and designation of affected facility.
60.191 Definitions.
60.192 Standard for fluorides.
60.193 Standard for visible emissions.
60.194 Monitoring of operations.
60.195 Test methods and procedures.

    Subpart T_Standards of Performance for the Phosphate Fertilizer 
              Industry: Wet-Process Phosphoric Acid Plants

60.200 Applicability and designation of affected facility.
60.201 Definitions.
60.202 Standard for fluorides.
60.203 Monitoring of operations.
60.204 Test methods and procedures.

    Subpart U_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Superphosphoric Acid Plants

60.210 Applicability and designation of affected facility.
60.211 Definitions.
60.212 Standard for fluorides.
60.213 Monitoring of operations.
60.214 Test methods and procedures.

    Subpart V_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Diammonium Phosphate Plants

60.220 Applicability and designation of affected facility.
60.221 Definitions.
60.222 Standard for fluorides.
60.223 Monitoring of operations.
60.224 Test methods and procedures.

    Subpart W_Standards of Performance for the Phosphate Fertilizer 
                 Industry: Triple Superphosphate Plants

60.230 Applicability and designation of affected facility.
60.231 Definitions.
60.232 Standard for fluorides.
60.233 Monitoring of operations.
60.234 Test methods and procedures.

    Subpart X_Standards of Performance for the Phosphate Fertilizer 
       Industry: Granular Triple Superphosphate Storage Facilities

60.240 Applicability and designation of affected facility.
60.241 Definitions.
60.242 Standard for fluorides.
60.243 Monitoring of operations.
60.244 Test methods and procedures.

     Subpart Y_Standards of Performance for Coal Preparation Plants

60.250 Applicability and designation of affected facility.
60.251 Definitions.
60.252 Standards for particulate matter.
60.253 Monitoring of operations.
60.254 Test methods and procedures.

 Subpart Z_Standards of Performance for Ferroalloy Production Facilities

60.260 Applicability and designation of affected facility.
60.261 Definitions.
60.262 Standard for particulate matter.
60.263 Standard for carbon monoxide.
60.264 Emission monitoring.
60.265 Monitoring of operations.
60.266 Test methods and procedures.

   Subpart AA_Standards of Performance for Steel Plants: Electric Arc 
Furnaces Constructed After October 21, 1974 and On or Before August 17, 
                                  1983

60.270 Applicability and designation of affected facility.
60.271 Definitions.
60.272 Standard for particulate matter.
60.273 Emission monitoring.
60.274 Monitoring of operations.
60.275 Test methods and procedures.
60.276 Recordkeeping and reporting requirements.

  Subpart AAa_Standards of Performance for Steel Plants: Electric Arc 
  Furnaces and Argon-Oxygen Decarburization Vessels Constructed After 
                             August 7, 1983

60.270a Applicability and designation of affected facility.
60.271a Definitions.
60.272a Standard for particulate matter.
60.273a Emission monitoring.
60.274a Monitoring of operations.
60.275a Test methods and procedures.
60.276a Recordkeeping and reporting requirements.

        Subpart BB_Standards of Performance for Kraft Pulp Mills

60.280 Applicability and designation of affected facility.
60.281 Definitions.
60.282 Standard for particulate matter.
60.283 Standard for total reduced sulfur (TRS).
60.284 Monitoring of emissions and operations.
60.285 Test methods and procedures.

[[Page 10]]

   Subpart CC_Standards of Performance for Glass Manufacturing Plants

60.290 Applicability and designation of affected facility.
60.291 Definitions.
60.292 Standards for particulate matter.
60.293 Standards for particulate matter from glass melting furnace with 
          modified-processes.
60.294-60.295 [Reserved]
60.296 Test methods and procedures.

         Subpart DD_Standards of Performance for Grain Elevators

60.300 Applicability and designation of affected facility.
60.301 Definitions.
60.302 Standard for particulate matter.
60.303 Test methods and procedures.
60.304 Modifications.

    Subpart EE_Standards of Performance for Surface Coating of Metal 
                                Furniture

60.310 Applicability and designation of affected facility.
60.311 Definitions and symbols.
60.312 Standard for volatile organic compounds (VOC).
60.313 Performance tests and compliance provisions.
60.314 Monitoring of emissions and operations.
60.315 Reporting and recordkeeping requirements.
60.316 Test methods and procedures.

Subpart FF [Reserved]

     Subpart GG_Standards of Performance for Stationary Gas Turbines

60.330 Applicability and designation of affected facility.
60.331 Definitions.
60.332 Standard for nitrogen oxides.
60.333 Standard for sulfur dioxide.
60.334 Monitoring of operations.
60.335 Test methods and procedures.

    Subpart HH_Standards of Performance for Lime Manufacturing Plants

60.340 Applicability and designation of affected facility.
60.341 Definitions.
60.342 Standard for particulate matter.
60.343 Monitoring of emissions and operations.
60.344 Test methods and procedures.

Subpart KK_Standards of Performance for Lead-Acid Battery Manufacturing 
                                 Plants

60.370 Applicability and designation of affected facility.
60.371 Definitions.
60.372 Standards for lead.
60.373 Monitoring of emissions and operations.
60.374 Test methods and procedures.

  Subpart LL_Standards of Performance for Metallic Mineral Processing 
                                 Plants

60.380 Applicability and designation of affected facility.
60.381 Definitions.
60.382 Standard for particulate matter.
60.383 Reconstruction.
60.384 Monitoring of operations.
60.385 Recordkeeping and reporting requirements.
60.386 Test methods and procedures.

Subpart MM_Standards of Performance for Automobile and Light Duty Truck 
                       Surface Coating Operations

60.390 Applicability and designation of affected facility.
60.391 Definitions.
60.392 Standards for volatile organic compounds.
60.393 Performance test and compliance provisions.
60.394 Monitoring of emissions and operations.
60.395 Reporting and recordkeeping requirements.
60.396 Reference methods and procedures.
60.397 Modifications.
60.398 Innovative technology waivers.

      Subpart NN_Standards of Performance for Phosphate Rock Plants

60.400 Applicability and designation of affected facility.
60.401 Definitions.
60.402 Standard for particulate matter.
60.403 Monitoring of emissions and operations.
60.404 Test methods and procedures.

  Subpart PP_Standards of Performance for Ammonium Sulfate Manufacture

60.420 Applicability and designation of affected facility.
60.421 Definitions.
60.422 Standards for particulate matter.
60.423 Monitoring of operations.
60.424 Test methods and procedures.

   Subpart QQ_Standards of Performance for the Graphic Arts Industry: 
                    Publication Rotogravure Printing

60.430 Applicability and designation of affected facility.
60.431 Definitions and notations.

[[Page 11]]

60.432 Standard for volatile organic compounds.
60.433 Performance test and compliance provisions.
60.434 Monitoring of operations and recordkeeping.
60.435 Test methods and procedures.

  Subpart RR_Standards of Performance for Pressure Sensitive Tape and 
                    Label Surface Coating Operations

60.440 Applicability and designation of affected facility.
60.441 Definitions and symbols.
60.442 Standard for volatile organic compounds.
60.443 Compliance provisions.
60.444 Performance test procedures.
60.445 Monitoring of operations and recordkeeping.
60.446 Test methods and procedures.
60.447 Reporting requirements.

  Subpart SS_Standards of Performance for Industrial Surface Coating: 
                            Large Appliances

60.450 Applicability and designation of affected facility.
60.451 Definitions.
60.452 Standard for volatile organic compounds.
60.453 Performance test and compliance provisions.
60.454 Monitoring of emissions and operations.
60.455 Reporting and recordkeeping requirements.
60.456 Test methods and procedures.

   Subpart TT_Standards of Performance for Metal Coil Surface Coating

60.460 Applicability and designation of affected facility.
60.461 Definitions.
60.462 Standards for volatile organic compounds.
60.463 Performance test and compliance provisions.
60.464 Monitoring of emissions and operations.
60.465 Reporting and recordkeeping requirements.
60.466 Test methods and procedures.

 Subpart UU_Standards of Performance for Asphalt Processing and Asphalt 
                           Roofing Manufacture

60.470 Applicability and designation of affected facilities.
60.471 Definitions.
60.472 Standards for particulate matter.
60.473 Monitoring of operations.
60.474 Test methods and procedures.

 Subpart VV_Standards of Performance for Equipment Leaks of VOC in the 
           Synthetic Organic Chemicals Manufacturing Industry

60.480 Applicability and designation of affected facility.
60.481 Definitions.
60.482-1 Standards: General.
60.482-2 Standards: Pumps in light liquid service.
60.482-3 Standards: Compressors.
60.482-4 Standards: Pressure relief devices in gas/vapor service.
60.482-5 Standards: Sampling connection systems.
60.482-6 Standards: Open-ended valves or lines.
60.482-7 Standards: Valves in gas/vapor service and in light liquid 
          service.
60.482-8 Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          connectors.
60.482-9 Standards: Delay of repair.
60.482-10 Standards: Closed vent systems and control devices.
60.483-1 Alternative standards for valves--allowable percentage of 
          valves leaking.
60.483-2 Alternative standards for valves--skip period leak detection 
          and repair.
60.484 Equivalence of means of emission limitation.
60.485 Test methods and procedures.
60.486 Recordkeeping requirements.
60.487 Reporting requirements.
60.488 Reconstruction.
60.489 List of chemicals produced by affected facilities.

Subpart WW_Standards of Performance for the Beverage Can Surface Coating 
                                Industry

60.490 Applicability and designation of affected facility.
60.491 Definitions.
60.492 Standards for volatile organic compounds.
60.493 Performance test and compliance provisions.
60.494 Monitoring of emissions and operations.
60.495 Reporting and recordkeeping requirements.
60.496 Test methods and procedures.

     Subpart XX_Standards of Performance for Bulk Gasoline Terminals

60.500 Applicability and designation of affected facility.
60.501 Definitions.

[[Page 12]]

60.502 Standards for Volatile Organic Compound (VOC) emissions from bulk 
          gasoline terminals.
60.503 Test methods and procedures.
60.504 [Reserved]
60.505 Reporting and recordkeeping.
60.506 Reconstruction.

  Subpart AAA_Standards of Performance for New Residential Wood Heaters

60.530 Applicability and designation of affected facility.
60.531 Definitions.
60.532 Standards for particulate matter.
60.533 Compliance and certification.
60.534 Test methods and procedures.
60.535 Laboratory accreditation.
60.536 Permanent label, temporary label, and owner's manual.
60.537 Reporting and recordkeeping.
60.538 Prohibitions.
60.539 Hearing and appeal procedures.
60.539a Delegation of authority.
60.539b General provisions exclusions.

 Subpart BBB_Standards of Performance for the Rubber Tire Manufacturing 
                                Industry

60.540 Applicability and designation of affected facilities.
60.541 Definitions.
60.542 Standards for volatile organic compounds.
60.542a Alternate standard for volatile organic compounds.
60.543 Performance test and compliance provisions.
60.544 Monitoring of operations.
60.545 Recordkeeping requirements.
60.546 Reporting requirements.
60.547 Test methods and procedures.
60.548 Delegation of authority.

Subpart CCC [Reserved]

Subpart DDD_Standards of Performance for Volatile Organic Compound (VOC) 
            Emissions from the Polymer Manufacturing Industry

60.560 Applicability and designation of affected facilities.
60.561 Definitions.
60.562-1 Standards: Process emissions.
60.562-2 Standards: Equipment leaks of VOC.
60.563 Monitoring requirements.
60.564 Test methods and procedures.
60.565 Reporting and recordkeeping requirements.
60.566 Delegation of authority.

Subpart EEE [Reserved]

  Subpart FFF_Standards of Performance for Flexible Vinyl and Urethane 
                          Coating and Printing

60.580 Applicability and designation of affected facility.
60.581 Definitions and symbols.
60.582 Standard for volatile organic compounds.
60.583 Test methods and procedures.
60.584 Monitoring of operations and recordkeeping requirements.
60.585 Reporting requirements.

   Subpart GGG_Standards of Performance for Equipment Leaks of VOC in 
                          Petroleum Refineries

60.590 Applicability and designation of affected facility.
60.591 Definitions.
60.592 Standards.
60.593 Exceptions.

  Subpart HHH_Standards of Performance for Synthetic Fiber Production 
                               Facilities

60.600 Applicability and designation of affected facility.
60.601 Definitions.
60.602 Standard for volatile organic compounds.
60.603 Performance test and compliance provisions.
60.604 Reporting requirements.

Subpart III_Standards of Performance for Volatile Organic Compound (VOC) 
  Emissions From the Synthetic Organic Chemical Manufacturing Industry 
                  (SOCMI) Air Oxidation Unit Processes

60.610 Applicability and designation of affected facility.
60.611 Definitions.
60.612 Standards.
60.613 Monitoring of emissions and operations.
60.614 Test methods and procedures.
60.615 Reporting and recordkeeping requirements.
60.616 Reconstruction.
60.617 Chemicals affected by subpart III.
60.618 Delegation of authority.

     Subpart JJJ_Standards of Performance for Petroleum Dry Cleaners

60.620 Applicability and designation of affected facility.
60.621 Definitions.
60.622 Standards for volatile organic compounds.
60.623 Equivalent equipment and procedures.

[[Page 13]]

60.624 Test methods and procedures.
60.625 Recordkeeping requirements.

  Subpart KKK_Standards of Performance for Equipment Leaks of VOC From 
                  Onshore Natural Gas Processing Plants

60.630 Applicability and designation of affected facility.
60.631 Definitions.
60.632 Standards.
60.633 Exceptions.
60.634 Alternative means of emission limitation.
60.635 Recordkeeping requirements.
60.636 Reporting requirements.

Subpart LLL_Standards of Performance for Onshore Natural Gas Processing: 
                        SO2 Emissions

60.640 Applicability and designation of affected facilities.
60.641 Definitions.
60.642 Standards for sulfur dioxide.
60.643 Compliance provisions.
60.644 Test methods and procedures.
60.645 [Reserved]
60.646 Monitoring of emissions and operations.
60.647 Recordkeeping and reporting requirements.
60.648 Optional procedure for measuring hydrogen sulfide in acid gas--
          Tutwiler Procedure.

Subpart MMM [Reserved]

Subpart NNN_Standards of Performance for Volatile Organic Compound (VOC) 
Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                         Distillation Operations

60.660 Applicability and designation of affected facility.
60.661 Definitions.
60.662 Standards.
60.663 Monitoring of emissions and operations.
60.664 Test methods and procedures.
60.665 Reporting and recordkeeping requirements.
60.666 Reconstruction.
60.667 Chemicals affected by subpart NNN.
60.668 Delegation of authority.

Subpart OOO_Standards of Performance for Nonmetallic Mineral Processing 
                                 Plants

60.670 Applicability and designation of affected facility.
60.671 Definitions.
60.672 Standard for particulate matter.
60.673 Reconstruction.
60.674 Monitoring of operations.
60.675 Test methods and procedures.
60.676 Reporting and recordkeeping.

   Subpart PPP_Standard of Performance for Wool Fiberglass Insulation 
                          Manufacturing Plants

60.680 Applicability and designation of affected facility.
60.681 Definitions.
60.682 Standard for particulate matter.
60.683 Monitoring of operations.
60.684 Recordkeeping and reporting requirements.
60.685 Test methods and procedures.

 Subpart QQQ_Standards of Performance for VOC Emissions From Petroleum 
                       Refinery Wastewater Systems

60.690 Applicability and designation of affected facility.
60.691 Definitions.
60.692-1 Standards: General.
60.692-2 Standards: Individual drain systems.
60.692-3 Standards: Oil-water separators.
60.692-4 Standards: Aggregate facility.
60.692-5 Standards: Closed vent systems and control devices.
60.692-6 Standards: Delay of repair.
60.692-7 Standards: Delay of compliance.
60.693-1 Alternative standards for individual drain systems.
60.693-2 Alternative standards for oil-water separators.
60.694 Permission to use alternative means of emission limitation.
60.695 Monitoring of operations.
60.696 Performance test methods and procedures and compliance 
          provisions.
60.697 Recordkeeping requirements.
60.698 Reporting requirements.
60.699 Delegation of authority.

   Subpart RRR_Standards of Performance for Volatile Organic Compound 
Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                            Reactor Processes

60.700 Applicability and designation of affected facility.
60.701 Definitions.
60.702 Standards.
60.703 Monitoring of emissions and operations.
60.704 Test methods and procedures.
60.705 Reporting and recordkeeping requirements.
60.706 Reconstruction.
60.707 Chemicals affected by subpart RRR.
60.708 Delegation of authority.

[[Page 14]]

     Subpart SSS_Standards of Performance for Magnetic Tape Coating 
                               Facilities

60.710 Applicability and designation of affected facility.
60.711 Definitions, symbols, and cross-reference tables.
60.712 Standards for volatile organic compounds.
60.713 Compliance provisions.
60.714 Installation of monitoring devices and recordkeeping.
60.715 Test methods and procedures.
60.716 Permission to use alternative means of emission limitation.
60.717 Reporting and monitoring requirements.
60.718 Delegation of authority.

  Subpart TTT_Standards of Performance for Industrial Surface Coating: 
         Surface Coating of Plastic Parts for Business Machines

60.720 Applicability and designation of affected facility.
60.721 Definitions.
60.722 Standards for volatile organic compounds.
60.723 Performance test and compliance provisions.
60.724 Reporting and recordkeeping requirements.
60.725 Test methods and procedures.
60.726 Delegation of authority.

Subpart UUU_Standards of Performance for Calciners and Dryers in Mineral 
                               Industries

60.730 Applicability and designation of affected facility.
60.731 Definitions.
60.732 Standards for particulate matter.
60.733 Reconstruction.
60.734 Monitoring of emissions and operations.
60.735 Recordkeeping and reporting requirements.
60.736 Test methods and procedures.
60.737 Delegation of authority.

Subpart VVV_Standards of Performance for Polymeric Coating of Supporting 
                          Substrates Facilities

60.740 Applicability and designation of affected facility.
60.741 Definitions, symbols, and cross-reference tables.
60.742 Standards for violatile organic compounds.
60.743 Compliance provisions.
60.744 Monitoring requirements.
60.745 Test methods and procedures.
60.746 Permission to use alternative means of emission limitation.
60.747 Reporting and recordkeeping requirements.
60.748 Delegation of authority.

Subpart WWW_Standards of Performance for Municipal Solid Waste Landfills

60.750 Applicability, designation of affected facility, and delegation 
          of authority.
60.751 Definitions.
60.752 Standards for air emissions from municipal solid waste landfills.
60.753 Operational standards for collection and control systems.
60.754 Test methods and procedures.
60.755 Compliance provisions.
60.756 Monitoring of operations.
60.757 Reporting requirements.
60.758 Recordkeeping requirements.
60.759 Specifications for active collection systems.

    Subpart AAAA_Standards of Performance for Small Municipal Waste 
 Combustion Units for Which Construction is Commenced After August 30, 
1999 or for Which Modification or Reconstruction is Commenced After June 
                                 6, 2001

                              Introduction

60.1000 What does this subpart do?
60.1005 When does this subpart become effective?

                              Applicability

60.1010 Does this subpart apply to my municipal waste combustion unit?
60.1015 What is a new municipal waste combustion unit?
60.1020 Does this subpart allow any exemptions?
60.1025 Do subpart E new source performance standards also apply to my 
          municipal waste combustion unit?
60.1030 Can the Administrator delegate authority to enforce these 
          Federal new source performance standards to a State agency?
60.1035 How are these new source performance standards structured?
60.1040 Do all five components of these new source performance standards 
          apply at the same time?
60.1045 Are there different subcategories of small municipal waste 
          combustion units within this subpart?

         Preconstruction Requirements: Materials Separation Plan

60.1050 Who must submit a materials separation plan?
60.1055 What is a materials separation plan?
60.1060 What steps must I complete for my materials separation plan?
60.1065 What must I include in my draft materials separation plan?

[[Page 15]]

60.1070 How do I make my draft materials separation plan available to 
          the public?
60.1075 When must I accept comments on the materials separation plan?
60.1080 Where and when must I hold a public meeting on my draft 
          materials separation plan?
60.1085 What must I do with any public comments I receive during the 
          public comment period on my draft materials separation plan?
60.1090 What must I do with my revised materials separation plan?
60.1095 What must I include in the public meeting on my revised 
          materials separation plan?
60.1100 What must I do with any public comments I receive on my revised 
          materials separation plan?
60.1105 How do I submit my final materials separation plan?

              Preconstruction Requirements: Siting Analysis

60.1110 Who must submit a siting analysis?
60.1115 What is a siting analysis?
60.1120 What steps must I complete for my siting analysis?
60.1125 What must I include in my siting analysis?
60.1130 How do I make my siting analysis available to the public?
60.1135 When must I accept comments on the siting analysis and revised 
          materials separation plan?
60.1140 Where and when must I hold a public meeting on the siting 
          analysis?
60.1145 What must I do with any public comments I receive during the 
          public comment period on my siting analysis?
60.1150 How do I submit my siting analysis?

              Good Combustion Practices: Operator Training

60.1155 What types of training must I do?
60.1160 Who must complete the operator training course? By when?
60.1165 Who must complete the plant-specific training course?
60.1170 What plant-specific training must I provide?
60.1175 What information must I include in the plant-specific operating 
          manual?
60.1180 Where must I keep the plant-specific operating manual?

            Good Combustion Practices: Operator Certification

60.1185 What types of operator certification must the chief facility 
          operator and shift supervisor obtain and by when must they 
          obtain it?
60.1190 After the required date for operator certification, who may 
          operate the municipal waste combustion unit?
60.1195 What if all the certified operators must be temporarily offsite?

            Good Combustion Practices: Operating Requirements

60.1200 What are the operating practice requirements for my municipal 
          waste combustion unit?
60.1205 What happens to the operating requirements during periods of 
          startup, shutdown, and malfunction?

                             Emission Limits

60.1210 What pollutants are regulated by this subpart?
60.1215 What emission limits must I meet? By when?
60.1220 What happens to the emission limits during periods of startup, 
          shutdown, and malfunction?

                     Continuous Emission Monitoring

60.1225 What types of continuous emission monitoring must I perform?
60.1230 What continuous emission monitoring systems must I install for 
          gaseous pollutants?
60.1235 How are the data from the continuous emission monitoring systems 
          used?
60.1240 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.1245 Am I exempt from any appendix B or appendix F requirements to 
          evaluate continuous emission monitoring systems?
60.1250 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.1255 What must I do if I choose to monitor carbon dioxide instead of 
          oxygen as a diluent gas?
60.1260 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems and is the data 
          collection requirement enforceable?
60.1265 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.1270 What is required for my continuous opacity monitoring system and 
          how are the data used?
60.1275 What additional requirements must I meet for the operation of my 
          continuous emission monitoring systems and continuous opacity 
          monitoring system?
60.1280 What must I do if any of my continuous emission monitoring 
          systems are temporarily unavailable to meet the data 
          collection requirements?

                              Stack Testing

60.1285 What types of stack tests must I conduct?
60.1290 How are the stack test data used?

[[Page 16]]

60.1295 What schedule must I follow for the stack testing?
60.1300 What test methods must I use to stack test?
60.1305 May I conduct stack testing less often?
60.1310 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                      Other Monitoring Requirements

60.1315 Must I meet other requirements for continuous monitoring?
60.1320 How do I monitor the load of my municipal waste combustion unit?
60.1325 How do I monitor the temperature of flue gases at the inlet of 
          my particulate matter control device?
60.1330 How do I monitor the injection rate of activated carbon?
60.1335 What is the minimum amount of monitoring data I must collect 
          with my continuous parameter monitoring systems and is the 
          data collection requirement enforceable?

                              Recordkeeping

60.1340 What records must I keep?
60.1345 Where must I keep my records and for how long?
60.1350 What records must I keep for the materials separation plan and 
          siting analysis?
60.1355 What records must I keep for operator training and 
          certification?
60.1360 What records must I keep for stack tests?
60.1365 What records must I keep for continuously monitored pollutants 
          or parameters?
60.1370 What records must I keep for municipal waste combustion units 
          that use activated carbon?

                                Reporting

60.1375 What reports must I submit before I submit my notice of 
          construction?
60.1380 What must I include in my notice of construction?
60.1385 What reports must I submit after I submit my notice of 
          construction and in what form?
60.1390 What are the appropriate units of measurement for reporting my 
          data?
60.1395 When must I submit the initial report?
60.1400 What must I include in my initial report?
60.1405 When must I submit the annual report?
60.1410 What must I include in my annual report?
60.1415 What must I do if I am out of compliance with the requirements 
          of this subpart?
60.1420 If a semiannual report is required, when must I submit it?
60.1425 What must I include in the semiannual out-of-compliance reports?
60.1430 Can reporting dates be changed?

        Air Curtain Incinerators That Burn 100 Percent Yard Waste

60.1435 What is an air curtain incinerator?
60.1440 What is yard waste?
60.1445 What are the emission limits for air curtain incinerators that 
          burn 100 percent yard waste?
60.1450 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent yard waste?
60.1455 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent yard waste?

                                Equations

60.1460 What equations must I use?

                               Definitions

60.1465 What definitions must I know?

Table 1 to Subpart AAAA of Part 60--Emission Limits For New Small 
          Municipal Waste Combustion Units
Table 2 to Subpart AAAA of Part 60--Carbon Monoxide Emission Limits For 
          New Small Municipal Waste Combustion Units
Table 3 to Subpart AAAA of Part 60--Requirements For Validating 
          Continuous Emission Monitoring Systems (CEMS)
Table 4 to Subpart AAAA of Part 60--Requirements For Continuous Emission 
          Monitoring Systems (CEMS)
Table 5 to Subpart AAAA of Part 60--Requirements For Stack Tests

    Subpart BBBB_Emission Guidelines and Compliance Times for Small 
  Municipal Waste Combustion Units Constructed on or Before August 30, 
                                  1999

                              Introduction

60.1500 What is the purpose of this subpart?
60.1505 Am I affected by this subpart?
60.1510 Is a State plan required for all States?
60.1515 What must I include in my State plan?
60.1520 Is there an approval process for my State plan?
60.1525 What if my State plan is not approvable?
60.1530 Is there an approval process for a negative declaration letter?
60.1535 What compliance schedule must I include in my State plan?
60.1540 Are there any State plan requirements for this subpart that 
          supersede the requirements specified in subpart B?

[[Page 17]]

60.1545 Does this subpart directly affect municipal waste combustion 
          unit owners and operators in my State?

                      Applicability of State Plans

60.1550 What municipal waste combustion units must I address in my State 
          plan?
60.1555 Are any small municipal waste combustion units exempt from my 
          State plan?
60.1560 Can an affected municipal waste combustion unit reduce its 
          capacity to less than 35 tons per day rather than comply with 
          my State plan?
60.1565 What subcategories of small municipal waste combustion units 
          must I include in my State plan?

                            Use of Model Rule

60.1570 What is the ``model rule'' in this subpart?
60.1575 How does the model rule relate to the required elements of my 
          State plan?
60.1580 What are the principal components of the model rule?

                   Model Rule--Increments of Progress

60.1585 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.1590 When must I complete each increment of progress?
60.1595 What must I include in the notifications of achievement of my 
          increments of progress?
60.1600 When must I submit the notifications of achievement of 
          increments of progress?
60.1605 What if I do not meet an increment of progress?
60.1610 How do I comply with the increment of progress for submittal of 
          a control plan?
60.1615 How do I comply with the increment of progress for awarding 
          contracts?
60.1620 How do I comply with the increment of progress for initiating 
          onsite construction?
60.1625 How do I comply with the increment of progress for completing 
          onsite construction?
60.1630 How do I comply with the increment of progress for achieving 
          final compliance?
60.1635 What must I do if I close my municipal waste combustion unit and 
          then restart my municipal waste combustion unit?
60.1640 What must I do if I plan to permanently close my municipal waste 
          combustion unit and not restart it?

        Model Rule--Good Combustion Practices: Operator Training

60.1645 What types of training must I do?
60.1650 Who must complete the operator training course? By when?
60.1655 Who must complete the plant-specific training course?
60.1660 What plant-specific training must I provide?
60.1665 What information must I include in the plant-specific operating 
          manual?
60.1670 Where must I keep the plant-specific operating manual?

      Model Rule--Good Combustion Practices: Operator Certification

60.1675 What types of operator certification must the chief facility 
          operator and shift supervisor obtain and by when must they 
          obtain it?
60.1680 After the required date for operator certification, who may 
          operate the municipal waste combustion unit?
60.1685 What if all the certified operators must be temporarily offsite?

      Model Rule--Good Combustion Practices: Operating Requirements

60.1690 What are the operating practice requirements for my municipal 
          waste combustion unit?
60.1695 What happens to the operating requirements during periods of 
          startup, shutdown, and malfunction?

                       Model Rule--Emission Limits

60.1700 What pollutants are regulated by this subpart?
60.1705 What emission limits must I meet? By when?
60.1710 What happens to the emission limits during periods of startup, 
          shutdown, and malfunction?

               Model Rule--Continuous Emission Monitoring

60.1715 What types of continuous emission monitoring must I perform?
60.1720 What continuous emission monitoring systems must I install for 
          gaseous pollutants?
60.1725 How are the data from the continuous emission monitoring systems 
          used?
60.1730 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.1735 Am I exempt from any appendix B or appendix F requirements to 
          evaluate continuous emission monitoring systems?
60.1740 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.1745 What must I do if I choose to monitor carbon dioxide instead of 
          oxygen as a diluent gas?
60.1750 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems

[[Page 18]]

          and is the data collection requirement enforceable?
60.1755 How do I convert my 1-hour arithmetic averages into appropriate 
          averaging times and units?
60.1760 What is required for my continuous opacity monitoring system and 
          how are the data used?
60.1765 What additional requirements must I meet for the operation of my 
          continuous emission monitoring systems and continuous opacity 
          monitoring system?
60.1770 What must I do if any of my continuous emission monitoring 
          systems are temporarily unavailable to meet the data 
          collection requirements?

                        Model Rule--Stack Testing

60.1775 What types of stack tests must I conduct?
60.1780 How are the stack test data used?
60.1785 What schedule must I follow for the stack testing?
60.1790 What test methods must I use to stack test?
60.1795 May I conduct stack testing less often?
60.1800 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                Model Rule--Other Monitoring Requirements

60.1805 Must I meet other requirements for continuous monitoring?
60.1810 How do I monitor the load of my municipal waste combustion unit?
60.1815 How do I monitor the temperature of flue gases at the inlet of 
          my particulate matter control device?
60.1820 How do I monitor the injection rate of activated carbon?
60.1825 What is the minimum amount of monitoring data I must collect 
          with my continuous parameter monitoring systems and is the 
          data collection requirement enforceable?

                        Model Rule--Recordkeeping

60.1830 What records must I keep?
60.1835 Where must I keep my records and for how long?
60.1840 What records must I keep for operator training and 
          certification?
60.1845 What records must I keep for stack tests?
60.1850 What records must I keep for continuously monitored pollutants 
          or parameters?
60.1855 What records must I keep for municipal waste combustion units 
          that use activated carbon?

                          Model Rule--Reporting

60.1860 What reports must I submit and in what form?
60.1865 What are the appropriate units of measurement for reporting my 
          data?
60.1870 When must I submit the initial report?
60.1875 What must I include in my initial report?
60.1880 When must I submit the annual report?
60.1885 What must I include in my annual report?
60.1890 What must I do if I am out of compliance with the requirements 
          of this subpart?
60.1895 If a semiannual report is required, when must I submit it?
60.1900 What must I include in the semiannual out-of-compliance reports?
60.1905 Can reporting dates be changed?

  Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard Waste

60.1910 What is an air curtain incinerator?
60.1915 What is yard waste?
60.1920 What are the emission limits for air curtain incinerators that 
          burn 100 percent yard waste?
60.1925 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent yard waste?
60.1930 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent yard waste?

                                Equations

60.1935 What equations must I use?

                               Definitions

60.1940 What definitions must I know?

Table 1 to Subpart BBBB of Part 60--Model Rule--Compliance Schedules and 
          Increments of Progress
Table 2 to Subpart BBBB of Part 60--Model Rule--Class I Emission Limits 
          For Existing Small Municipal Waste Combustion Units
Table 3 to Subpart BBBB of Part 60--Model Rule--Class I Nitrogen Oxides 
          Emission Limits For Existing Small Municipal Waste Combustion 
          Units
Table 4 to Subpart BBBB of Part 60--Model Rule--Class II Emission Limits 
          For Existing Small Municipal Waste Combustion Units
Table 5 to Subpart BBBB of Part 60--Model Rule--Carbon Monoxide Emission 
          Limits For Existing Small Municipal Waste Combustion Units
Table 6 to Subpart BBBB of Part 60--Model Rule--Requirements for 
          Validating Continuous Emission Monitoring Systems (CEMS)
Table 7 to Subpart BBBB of Part 60--Model Rule--Requirements for 
          Continuous Emission Monitoring Systems (CEMS)

[[Page 19]]

Table 8 to Subpart BBBB of Part 60--Model Rule--Requirements for Stack 
          Tests

  Subpart CCCC_Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units for Which Construction Is Commenced After 
    November 30, 1999 or for Which Modification or Reconstruction Is 
                   Commenced on or After June 1, 2001

                              Introduction

60.2000 What does this subpart do?
60.2005 When does this subpart become effective?

                              Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2025 What if my chemical recovery unit is not listed in Sec. 
          60.2020(n)?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of the new source performance standards 
          apply at the same time?

                     Preconstruction Siting Analysis

60.2045 Who must prepare a siting analysis?
60.2050 What is a siting analysis?

                          Waste Management Plan

60.2055 What is a waste management plan?
60.2060 When must I submit my waste management plan?
60.2065 What should I include in my waste management plan?

                   Operator Training and Qualification

60.2070 What are the operator training and qualification requirements?
60.2075 When must the operator training course be completed?
60.2080 How do I obtain my operator qualification?
60.2085 How do I maintain my operator qualification?
60.2090 How do I renew my lapsed operator qualification?
60.2095 What site-specific documentation is required?
60.2100 What if all the qualified operators are temporarily not 
          accessible?

                Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.2120 What happens during periods of startup, shutdown, and 
          malfunction?

                           Performance Testing

60.2125 How do I conduct the initial and annual performance test?
60.2130 How are the performance test data used?

                     Initial Compliance Requirements

60.2135 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.2140 By what date must I conduct the initial performance test?

                   Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new 
          operating limits?

                               Monitoring

60.2165 What monitoring equipment must I install and what parameters 
          must I monitor?
60.2170 Is there a minimum amount of monitoring data I must obtain?

                       Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial performance 
          test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.2230 Are there any other notifications or reports that I must submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

[[Page 20]]

                        Title V Operating Permits

60.2242 Am I required to apply for and obtain a title V operating permit 
          for my unit?

                        Air Curtain Incinerators

60.2245 What is an air curtain incinerator?
60.2250 What are the emission limitations for air curtain incinerators?
60.2255 How must I monitor opacity for air curtain incinerators?
60.2260 What are the recordkeeping and reporting requirements for air 
          curtain incinerators?

                               Definitions

60.2265 What definitions must I know?

Table 1 to Subpart CCCC--Emission Limitations
Table 2 to Subpart CCCC--Operating Limits for Wet Scrubbers
Table 3 to Subpart CCCC--Toxic Equivalency Factors
Table 4 to Subpart CCCC--Summary of Reporting Requirements

 Subpart DDDD_Emissions Guidelines and Compliance Times for Commercial 
      and Industrial Solid Waste Incineration Units that Commenced 
               Construction On or Before November 30, 1999

                              Introduction

60.2500 What is the purpose of this subpart?
60.2505 Am I affected by this subpart?
60.2510 Is a State plan required for all States?
60.2515 What must I include in my State plan?
60.2520 Is there an approval process for my State plan?
60.2525 What if my State plan is not approvable?
60.2530 Is there an approval process for a negative declaration letter?
60.2535 What compliance schedule must I include in my State plan?
60.2540 Are there any State plan requirements for this subpart that 
          apply instead of the requirements specified in subpart B?
60.2545 Does this subpart directly affect CISWI unit owners and 
          operators in my State?

                      Applicability of State Plans

60.2550 What CISWI units must I address in my State plan?
60.2555 What combustion units are exempt from my State plan?
60.2558 What if a chemical recovery unit is not listed in Sec. 
          60.2555(n)?

                            Use of Model Rule

60.2560 What is the ``model rule'' in this subpart?
60.2565 How does the model rule relate to the required elements of my 
          State plan?
60.2570 What are the principal components of the model rule?

                   Model Rule--Increments of Progress

60.2575 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.2580 When must I complete each increment of progress?
60.2585 What must I include in the notifications of achievement of 
          increments of progress?
60.2590 When must I submit the notifications of achievement of 
          increments of progress?
60.2595 What if I do not meet an increment of progress?
60.2600 How do I comply with the increment of progress for submittal of 
          a control plan?
60.2605 How do I comply with the increment of progress for achieving 
          final compliance?
60.2610 What must I do if I close my CISWI unit and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI unit and 
          not restart it?

                    Model Rule--Waste Management Plan

60.2620 What is a waste management plan?
60.2625 When must I submit my waste management plan?
60.2630 What should I include in my waste management plan?

             Model Rule--Operator Training and Qualification

60.2635 What are the operator training and qualification requirements?
60.2640 When must the operator training course be completed?
60.2645 How do I obtain my operator qualification?
60.2650 How do I maintain my operator qualification?
60.2655 How do I renew my lapsed operator qualification?
60.2660 What site-specific documentation is required?
60.2665 What if all the qualified operators are temporarily not 
          accessible?

          Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber to comply with the emission 
          limitations?

[[Page 21]]

60.2685 What happens during periods of startup, shutdown, and 
          malfunction?

                     Model Rule--Performance Testing

60.2690 How do I conduct the initial and annual performance test?
60.2695 How are the performance test data used?

               Model Rule--Initial Compliance Requirements

60.2700 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?

             Model Rule--Continuous Compliance Requirements

60.2710 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.2715 By what date must I conduct the annual performance test?
60.2720 May I conduct performance testing less often?
60.2725 May I conduct a repeat performance test to establish new 
          operating limits?

                         Model Rule--Monitoring

60.2730 What monitoring equipment must I install and what parameters 
          must I monitor?
60.2735 Is there a minimum amount of monitoring data I must obtain?

                 Model Rule--Recordkeeping and Reporting

60.2740 What records must I keep?
60.2745 Where and in what format must I keep my records?
60.2750 What reports must I submit?
60.2755 When must I submit my waste management plan?
60.2760 What information must I submit following my initial performance 
          test?
60.2765 When must I submit my annual report?
60.2770 What information must I include in my annual report?
60.2775 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.2780 What must I include in the deviation report?
60.2785 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.2790 Are there any other notifications or reports that I must submit?
60.2795 In what form can I submit my reports?
60.2800 Can reporting dates be changed?

                  Model Rule--Title V Operating Permits

60.2805 Am I required to apply for and obtain a title V operating permit 
          for my unit?

                  Model Rule--Air Curtain Incinerators

60.2810 What is an air curtain incinerator?
60.2815 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.2820 When must I complete each increment of progress?
60.2825 What must I include in the notifications of achievement of 
          increments of progress?
60.2830 When must I submit the notifications of achievement of 
          increments of progress?
60.2835 What if I do not meet an increment of progress?
60.2840 How do I comply with the increment of progress for submittal of 
          a control plan?
60.2845 How do I comply with the increment of progress for achieving 
          final compliance?
60.2850 What must I do if I close my air curtain incinerator and then 
          restart it?
60.2855 What must I do if I plan to permanently close my air curtain 
          incinerator and not restart it?
60.2860 What are the emission limitations for air curtain incinerators?
60.2865 How must I monitor opacity for air curtain incinerators?
60.2870 What are the recordkeeping and reporting requirements for air 
          curtain incinerators?

                         Model Rule--Definitions

60.2875 What definitions must I know?

Table 1 to Subpart DDDD--Model Rule--Increments of Progress and 
          Compliance Schedules
Table 2 to Subpart DDDD--Model Rule--Emission Limitations
Table 3 to Subpart DDDD--Model Rule--Operating Limits for Wet Scrubbers
Table 4 to Subpart DDDD--Model Rule--Toxic Equivalency Factors
Table 5 to Subpart DDDD--Model Rule--Summary of Reporting Requirements

Subpart EEEE_Standards of Performance for Other Solid Waste Incineration 
Units for Which Construction is Commenced After December 9, 2004, or for 
 Which Modification or Reconstruction is Commenced on or After June 16, 
                                  2006

                              Introduction

60.2880 What does this subpart do?
60.2881 When does this subpart become effective?

[[Page 22]]

                              Applicability

60.2885 Does this subpart apply to my incineration unit?
60.2886 What is a new incineration unit?
60.2887 What combustion units are excluded from this subpart?
60.2888 Are air curtain incinerators regulated under this subpart?
60.2889 Who implements and enforces this subpart?
60.2890 How are these new source performance standards structured?
60.2891 Do all components of these new source performance standards 
          apply at the same time?

                     Preconstruction Siting Analysis

60.2894 Who must prepare a siting analysis?
60.2895 What is a siting analysis?

                          Waste Management Plan

60.2899 What is a waste management plan?
60.2900 When must I submit my waste management plan?
60.2901 What should I include in my waste management plan?

                   Operator Training and Qualification

60.2905 What are the operator training and qualification requirements?
60.2906 When must the operator training course be completed?
60.2907 How do I obtain my operator qualification?
60.2908 How do I maintain my operator qualification?
60.2909 How do I renew my lapsed operator qualification?
60.2910 What site-specific documentation is required?
60.2911 What if all the qualified operators are temporarily not 
          accessible?

                Emission Limitations and Operating Limits

60.2915 What emission limitations must I meet and by when?
60.2916 What operating limits must I meet and by when?
60.2917 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.2918 What happens during periods of startup, shutdown, and 
          malfunction?

                           Performance Testing

60.2922 How do I conduct the initial and annual performance test?
60.2923 How are the performance test data used?

                     Initial Compliance Requirements

60.2927 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.2928 By what date must I conduct the initial performance test?

                   Continuous Compliance Requirements

60.2932 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.2933 By what date must I conduct the annual performance test?
60.2934 May I conduct performance testing less often?
60.2935 May I conduct a repeat performance test to establish new 
          operating limits?

                               Monitoring

60.2939 What continuous emission monitoring systems must I install?
60.2940 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.2941 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.2942 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems, and is the 
          data collection requirement enforceable?
60.2943 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I install, 
          and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring data 
          I must obtain?

                       Recordkeeping and Reporting

60.2949 What records must I keep?
60.2950 Where and in what format must I keep my records?
60.2951 What reports must I submit?
60.2952 What must I submit prior to commencing construction?
60.2953 What information must I submit prior to initial startup?
60.2954 What information must I submit following my initial performance 
          test?
60.2955 When must I submit my annual report?
60.2956 What information must I include in my annual report?
60.2957 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.2958 What must I include in the deviation report?
60.2959 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.2960 Are there any other notifications or reports that I must submit?
60.2961 In what form can I submit my reports?
60.2962 Can reporting dates be changed?

[[Page 23]]

                        Title V Operating Permits

60.2966 Am I required to apply for and obtain a title V operating permit 
          for my unit?
60.2967 When must I submit a title V permit application for my new unit?

Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster 
                                Recovery

60.2969 What are the requirements for temporary-use incinerators and air 
          curtain incinerators used in disaster recovery?

 Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and 
                               Yard Waste

60.2970 What is an air curtain incinerator?
60.2971 What are the emission limitations for air curtain incinerators 
          that burn only wood waste, clean lumber, and yard waste?
60.2972 How must I monitor opacity for air curtain incinerators that 
          burn only wood waste, clean lumber, and yard waste?
60.2973 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn only wood waste, clean lumber, 
          and yard waste?
60.2974 Am I required to apply for and obtain a title V operating permit 
          for my air curtain incinerator that burns only wood waste, 
          clean lumber, and yard waste?

                                Equations

60.2975 What equations must I use?

                               Definitions

60.2977 What definitions must I know?

                    Tables to Subpart EEEE of Part 60

Table 1 to Subpart EEEE of Part 60--Emission Limitations
Table 2 to Subpart EEEE of Part 60--Operating Limits for Incinerators 
          and Wet Scrubbers
Table 3 to Subpart EEEE of Part 60--Requirements for Continuous Emission 
          Monitoring Systems (CEMS)
Table 4 to Subpart EEEE of Part 60--Summary of Reporting Requirements

 Subpart FFFF_Emission Guidelines and Compliance Times for Other Solid 
   Waste Incineration Units That Commenced Construction On or Before 
                            December 9, 2004

                              Introduction

60.2980 What is the purpose of this subpart?
60.2981 Am I affected by this subpart?
60.2982 Is a State plan required for all States?
60.2983 What must I include in my State plan?
60.2984 Is there an approval process for my State plan?
60.2985 What if my State plan is not approvable?
60.2986 Is there an approval process for a negative declaration letter?
60.2987 What compliance schedule must I include in my State plan?
60.2988 Are there any State plan requirements for this subpart that 
          apply instead of the requirements specified in subpart B of 
          this part?
60.2989 Does this subpart directly affect incineration unit owners and 
          operators in my State?
60.2990 What Authorities are withheld by EPA?

                      Applicability of State Plans

60.2991 What incineration units must I address in my State plan?
60.2992 What is an existing incineration unit?
60.2993 Are any combustion units excluded from my State plan?
60.2994 Are air curtain incinerators regulated under this subpart?

                      Model Rule--Use of Model Rule

60.2996 What is the purpose of the ``model rule'' in this subpart?
60.2997 How does the model rule relate to the required elements of my 
          State plan?
60.2998 What are the principal components of the model rule?

                     Model Rule--Compliance Schedule

60.3000 When must I comply?
60.3001 What must I do if I close my OSWI unit and then restart it?
60.3002 What must I do if I plan to permanently close my OSWI unit and 
          not restart it?

                    Model Rule--Waste Management Plan

60.3010 What is a waste management plan?
60.3011 When must I submit my waste management plan?
60.3012 What should I include in my waste management plan?

             Model Rule--Operator Training and Qualification

60.3014 What are the operator training and qualification requirements?
60.3015 When must the operator training course be completed?
60.3016 How do I obtain my operator qualification?
60.3017 How do I maintain my operator qualification?
60.3018 How do I renew my lapsed operator qualification?

[[Page 24]]

60.3019 What site-specific documentation is required?
60.3020 What if all the qualified operators are temporarily not 
          accessible?

          Model Rule--Emission Limitations and Operating Limits

60.3022 What emission limitations must I meet and by when?
60.3023 What operating limits must I meet and by when?
60.3024 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.3025 What happens during periods of startup, shutdown, and 
          malfunction?

                     Model Rule--Performance Testing

60.3027 How do I conduct the initial and annual performance test?
60.3028 How are the performance test data used?

               Model Rule--Initial Compliance Requirements

60.3030 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.3031 By what date must I conduct the initial performance test?

             Model Rule--Continuous Compliance Requirements

60.3033 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.3034 By what date must I conduct the annual performance test?
60.3035 May I conduct performance testing less often?
60.3036 May I conduct a repeat performance test to establish new 
          operating limits?

                         Model Rule--Monitoring

60.3038 What continuous emission monitoring systems must I install?
60.3039 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.3040 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.3041 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems, and is the 
          data collection requirement enforceable?
60.3042 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.3043 What operating parameter monitoring equipment must I install, 
          and what operating parameters must I monitor?
60.3044 Is there a minimum amount of operating parameter monitoring data 
          I must obtain?

                 Model Rule--Recordkeeping and Reporting

60.3046 What records must I keep?
60.3047 Where and in what format must I keep my records?
60.3048 What reports must I submit?
60.3049 What information must I submit following my initial performance 
          test?
60.3050 When must I submit my annual report?
60.3051 What information must I include in my annual report?
60.3052 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.3053 What must I include in the deviation report?
60.3054 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.3055 Are there any other notifications or reports that I must submit?
60.3056 In what form can I submit my reports?
60.3057 Can reporting dates be changed?

                  Model Rule--Title V Operating Permits

60.3059 Am I required to apply for and obtain a title V operating permit 
          for my unit?
60.3060 When must I submit a title V permit application for my existing 
          unit?

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators Used 
                          in Disaster Recovery

60.3061 What are the requirements for temporary-use incinerators and air 
          curtain incinerators used in disaster recovery?

 Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean 
                         Lumber, and Yard Waste

60.3062 What is an air curtain incinerator?
60.3063 When must I comply if my air curtain incinerator burns only wood 
          waste, clean lumber, and yard waste?
60.3064 What must I do if I close my air curtain incinerator that burns 
          only wood waste, clean lumber, and yard waste and then restart 
          it?
60.3065 What must I do if I plan to permanently close my air curtain 
          incinerator that burns only wood waste, clean lumber, and yard 
          waste and not restart it?
60.3066 What are the emission limitations for air curtain incinerators 
          that burn only wood waste, clean lumber, and yard waste?
60.3067 How must I monitor opacity for air curtain incinerators that 
          burn only wood waste, clean lumber, and yard waste?
60.3068 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn only wood waste, clean lumber, 
          and yard waste?

[[Page 25]]

60.3069 Am I required to apply for and obtain a title V operating permit 
          for my air curtain incinerator that burns only wood waste, 
          clean lumber, and yard waste?

                          Model Rule--Equations

60.3076 What equations must I use?

                         Model Rule--Definitions

60.3078 What definitions must I know?

Tables to Subpart FFFF of Part 60
Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule
Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations
Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for 
          Incinerators and Wet Scrubbers
Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for 
          Continuous Emission Monitoring Systems (CEMS)
Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting 
          Requirements a

Subpart GGGG [Reserved]

  Subpart HHHH_Emission Guidelines and Compliance Times for Coal-Fired 
                     Electric Steam Generating Units

              Hg Budget Trading Program General Provisions

60.4101 Purpose.
60.4102 Definitions.
60.4103 Measurements, abbreviations, and acronyms.
60.4104 Applicability.
60.4105 Retired unit exemption.
60.4106 Standard requirements.
60.4107 Computation of time.
60.4108 Appeal procedures.

           Hg Designated Representative for Hg Budget Sources

60.4110 Authorization and responsibilities of Hg designated 
          representative.
60.4111 Alternate Hg designated representative.
60.4112 Changing Hg designated representative and alternate Hg 
          designated representative; changes in owners and operators.
60.4113 Certificate of representation.
60.4114 Objections concerning Hg designated representative.

                                 Permits

60.4120 General Hg budget trading program permit requirements.
60.4121 Submission of Hg budget permit applications.
60.4122 Information requirements for Hg budget permit applications.
60.4123 Hg budget permit contents and term.
60.4124 Hg budget permit revisions.
60.4130 [Reserved]

                        Hg Allowance Allocations

60.4140 State trading budgets.
60.4141 Timing requirements for Hg allowance allocations.
60.4142 Hg allowance allocations.

                      Hg Allowance Tracking System

60.4150 [Reserved]
60.4151 Establishment of accounts.
60.4152 Responsibilities of Hg authorized account representative.
60.4153 Recordation of Hg allowance allocations.
60.4154 Compliance with Hg budget emissions limitation.
60.4155 Banking.
60.4156 Account error.
60.4157 Closing of general accounts.

                         Hg Allowance Transfers

60.4160 Submission of Hg allowance transfers.
60.4161 EPA recordation.
60.4162 Notification.

                        Monitoring and Reporting

60.4170 General requirements.
60.4171 Initial certification and recertification procedures.
60.4172 Out of control periods.
60.4173 Notifications.
60.4174 Recordkeeping and reporting.
60.4175 Petitions.
60.4176 Additional requirements to provide heat input data.

    Subpart IIII_Standards of Performance for Stationary Compression 
                  Ignition Internal Combustion Engines

                        What This Subpart Covers

60.4200 Am I subject to this subpart?

                  Emission Standards for Manufacturers

60.4201 What emission standards must I meet for non-emergency engines if 
          I am a stationary CI internal combustion engine manufacturer?
60.4202 What emission standards must I meet for emergency engines if I 
          am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am a 
          stationary CI internal combustion engine manufacturer?

               Emission Standards for Owners and Operators

60.4204 What emission standards must I meet for non-emergency engines if 
          I am

[[Page 26]]

          an owner or operator of a stationary CI internal combustion 
          engine?
60.4205 What emission standards must I meet for emergency engines if I 
          am an owner or operator of a stationary CI internal combustion 
          engine?
60.4206 How long must I meet the emission standards if I am an owner or 
          operator of a stationary CI internal combustion engine?

               Fuel Requirements for Owners and Operators

60.4207 What fuel requirements must I meet if I am an owner or operator 
          of a stationary CI internal combustion engine subject to this 
          subpart?

               Other Requirements for Owners and Operators

60.4208 What is the deadline for importing and installing stationary CI 
          ICE produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or 
          operator of a stationary CI internal combustion engine?

                         Compliance Requirements

60.4210 What are my compliance requirements if I am a stationary CI 
          internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or operator 
          of a stationary CI internal combustion engine?

              Testing Requirements for Owners and Operators

60.4212 What test methods and other procedures must I use if I am an 
          owner or operator of a stationary CI internal combustion 
          engine with a displacement of less than 30 liters per 
          cylinder?
60.4213 What test methods and other procedures must I use if I am an 
          owner or operator of a stationary CI internal combustion 
          engine with a displacement of greater than or equal to 30 
          liters per cylinder?

       Notification, Reports, and Records for Owners and Operators

60.4214 What are my notification, reporting, and recordkeeping 
          requirements if I am an owner or operator of a stationary CI 
          internal combustion engine?

                          Special Requirements

60.4215 What requirements must I meet for engines used in Guam, American 
          Samoa, or the Commonwealth of the Northern Mariana Islands?
60.4216 What requirements must I meet for engines used in Alaska?
60.4217 What emission standards must I meet if I am an owner or operator 
          of a stationary internal combustion engine using special 
          fuels?

                           General Provisions

60.4218 What parts of the General Provisions apply to me?

                               Definitions

60.4219 What definitions apply to this subpart?

Table 1 to Subpart IIII of Part 60--Emission Standards for Stationary 
          Pre-2007 Model Year Engines with a displacement of <10 liters 
          per cylinder and 2007-2010 Model Year Engines 2,237 
          KW (3,000 HP) and with a displacement of <10 liters per 
          cylinder
Table 2 to Subpart IIII of Part 60--Emission Standards for 2008 Model 
          Year and Later Emergency Stationary CI ICE <37 KW (50 HP) and 
          with a Displacement of <10 liters per cylinder
Table 3 to Subpart IIII of Part 60--Certification Requirements for 
          Stationary Fire Pump Engines
Table 4 to Subpart IIII of Part 60--Emission Standards for Stationary 
          Fire Pump Engines
Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping 
          Requirements for New Stationary Emergency Engines
Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for 
          Stationary Fire Pump Engines
Table 7 to Subpart IIII of Part 60--Requirements for Performance Tests 
          for Stationary CI ICE with a displacement of =30 
          liters per cylinder
Table 8 to Subpart IIII of Part 60--Applicability of General Provisions 
          to Subpart IIII

Subpart JJJJ [Reserved]

Subpart KKKK_Standards of Performance for Stationary Combustion Turbines

                              Introduction

60.4300 What is the purpose of this subpart?

                              Applicability

60.4305 Does this subpart apply to my stationary combustion turbine?
60.4310 What types of operations are exempt from these standards of 
          performance?

                             Emission Limits

60.4315 What pollutants are regulated by this subpart?
60.4320 What emission limits must I meet for nitrogen oxides 
          (NOX)?

[[Page 27]]

60.4325 What emission limits must I meet for NOX if my 
          turbine burns both natural gas and distillate oil (or some 
          other combination of fuels)?
60.4330 What emission limits must I meet for sulfur dioxide 
          (SO2)?

                     General Compliance Requirements

60.4333 What are my general requirements for complying with this 
          subpart?

                               Monitoring

60.4335 How do I demonstrate compliance for NOX if I use 
          water or steam injection?
60.4340 How do I demonstrate continuous compliance for NOX if 
          I do not use water or steam injection?
60.4345 What are the requirements for the continuous emission monitoring 
          system equipment, if I choose to use this option?
60.4350 How do I use data from the continuous emission monitoring 
          equipment to identify excess emissions?
60.4355 How do I establish and document a proper parameter monitoring 
          plan?
60.4360 How do I determine the total sulfur content of the turbine's 
          combustion fuel?
60.4365 How can I be exempted from monitoring the total sulfur content 
          of the fuel?
60.4370 How often must I determine the sulfur content of the fuel?

                                Reporting

60.4375 What reports must I submit?
60.4380 How are excess emissions and monitor downtime defined for 
          NOX?
60.4385 How are excess emissions and monitoring downtime defined for 
          SO2?
60.4390 What are my reporting requirements if I operate an emergency 
          combustion turbine or a research and development turbine?
60.4395 When must I submit my reports?

                            Performance Tests

60.4400 How do I conduct the initial and subsequent performance tests, 
          regarding NOX?
60.4405 How do I perform the initial performance test if I have chosen 
          to install a NOX-diluent CEMS?
60.4410 How do I establish a valid parameter range if I have chosen to 
          continuously monitor parameters?
60.4415 How do I conduct the initial and subsequent performance tests 
          for sulfur?

                               Definitions

60.4420 What definitions apply to this subpart?

Table 1 to Subpart KKKK of Part 60-Nitrogen Oxide Emission Limits for 
          New Stationary Combustion Turbines

    Authority: 42 U.S.C. 7401 et seq.

    Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 60.1  Applicability.

    (a) Except as provided in subparts B and C, the provisions of this 
part apply to the owner or operator of any stationary source which 
contains an affected facility, the construction or modification of which 
is commenced after the date of publication in this part of any standard 
(or, if earlier, the date of publication of any proposed standard) 
applicable to that facility.
    (b) Any new or revised standard of performance promulgated pursuant 
to section 111(b) of the Act shall apply to the owner or operator of any 
stationary source which contains an affected facility, the construction 
or modification of which is commenced after the date of publication in 
this part of such new or revised standard (or, if earlier, the date of 
publication of any proposed standard) applicable to that facility.
    (c) In addition to complying with the provisions of this part, the 
owner or operator of an affected facility may be required to obtain an 
operating permit issued to stationary sources by an authorized State air 
pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to Title V of the Clean 
Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more 
information about obtaining an operating permit see part 70 of this 
chapter.
    (d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'').
    (2) Except for compliance with 40 CFR 60.49b(u), the site shall have 
the option of either complying directly with the requirements of this 
part, or reducing the site-wide emissions caps in accordance with the 
procedures set forth in a permit issued pursuant to 40 CFR 52.2454. If 
the site chooses the option of reducing the site-wide emissions caps in 
accordance with the procedures set forth in such permit, the

[[Page 28]]

requirements of such permit shall apply in lieu of the otherwise 
applicable requirements of this part.
    (3) Notwithstanding the provisions of paragraph (d)(2) of this 
section, for any provisions of this part except for Subpart Kb, the 
owner/operator of the site shall comply with the applicable provisions 
of this part if the Administrator determines that compliance with the 
provisions of this part is necessary for achieving the objectives of the 
regulation and the Administrator notifies the site in accordance with 
the provisions of the permit issued pursuant to 40 CFR 52.2454.

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 
59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997]



Sec. 60.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.)
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Affected facility means, with reference to a stationary source, any 
apparatus to which a standard is applicable.
    Alternative method means any method of sampling and analyzing for an 
air pollutant which is not a reference or equivalent method but which 
has been demonstrated to the Administrator's satisfaction to, in 
specific cases, produce results adequate for his determination of 
compliance.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to Title V 
of the Act (42 U.S.C. 7661).
    Capital expenditure means an expenditure for a physical or 
operational change to an existing facility which exceeds the product of 
the applicable ``annual asset guideline repair allowance percentage'' 
specified in the latest edition of Internal Revenue Service (IRS) 
Publication 534 and the existing facility's basis, as defined by section 
1012 of the Internal Revenue Code. However, the total expenditure for a 
physical or operational change to an existing facility must not be 
reduced by any ``excluded additions'' as defined in IRS Publication 534, 
as would be done for tax purposes.
    Clean coal technology demonstration project means a project using 
funds appropriated under the heading `Department of Energy-Clean Coal 
Technology', up to a total amount of $2,500,000,000 for commercial 
demonstrations of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency.
    Commenced means, with respect to the definition of new source in 
section 111(a)(2) of the Act, that an owner or operator has undertaken a 
continuous program of construction or modification or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or modification.
    Construction means fabrication, erection, or installation of an 
affected facility.
    Continuous monitoring system means the total equipment, required 
under the emission monitoring sections in applicable subparts, used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant which has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specified conditions.
    Excess Emissions and Monitoring Systems Performance Report is a 
report that must be submitted periodically by a

[[Page 29]]

source in order to provide data on its compliance with stated emission 
limits and operating parameters, and on the performance of its 
monitoring systems.
    Existing facility means, with reference to a stationary source, any 
apparatus of the type for which a standard is promulgated in this part, 
and the construction or modification of which was commenced before the 
date of proposal of that standard; or any apparatus which could be 
altered in such a way as to be of that type.
    Force majeure means, for purposes of Sec. 60.8, an event that will 
be or has been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevents the owner or operator from complying 
with the regulatory requirement to conduct performance tests within the 
specified timeframe despite the affected facility's best efforts to 
fulfill the obligation. Examples of such events are acts of nature, acts 
of war or terrorism, or equipment failure or safety hazard beyond the 
control of the affected facility.
    Isokinetic sampling means sampling in which the linear velocity of 
the gas entering the sampling nozzle is equal to that of the undisturbed 
gas stream at the sample point.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a Title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    Modification means any physical change in, or change in the method 
of operation of, an existing facility which increases the amount of any 
air pollutant (to which a standard applies) emitted into the atmosphere 
by that facility or which results in the emission of any air pollutant 
(to which a standard applies) into the atmosphere not previously 
emitted.
    Monitoring device means the total equipment, required under the 
monitoring of operations sections in applicable subparts, used to 
measure and record (if applicable) process parameters.
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide, 
as measured by test methods set forth in this part.
    One-hour period means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an affected facility or a stationary source of 
which an affected facility is a part.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the reference 
methods specified under each applicable subpart, or an equivalent or 
alternative method.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permitting authority means:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Proportional sampling means sampling at a rate that produces a 
constant ratio of sampling rate to stack gas flow rate.
    Reactivation of a very clean coal-fired electric utility steam 
generating unit means any physical change or change

[[Page 30]]

in the method of operation associated with the commencement of 
commercial operations by a coal-fired utility unit after a period of 
discontinued operation where the unit:
    (1) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (2) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;
    (3) Is equipped with low-NOX burners prior to the time of 
commencement of operations following reactivation; and
    (4) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable subpart.
    Repowering means replacement of an existing coal-fired boiler with 
one of the following clean coal technologies: atmospheric or pressurized 
fluidized bed combustion, integrated gasification combined cycle, 
magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990. 
Repowering shall also include any oil and/or gas-fired unit which has 
been awarded clean coal technology demonstration funding as of January 
1, 1991, by the Department of Energy.
    Run means the net period of time during which an emission sample is 
collected. Unless otherwise specified, a run may be either intermittent 
or continuous within the limits of good engineering practice.
    Shutdown means the cessation of operation of an affected facility 
for any purpose.
    Six-minute period means any one of the 10 equal parts of a one-hour 
period.
    Standard means a standard of performance proposed or promulgated 
under this part.
    Standard conditions means a temperature of 293 K (68F) and a 
pressure of 101.3 kilopascals (29.92 in Hg).
    Startup means the setting in operation of an affected facility for 
any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part; and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Volatile Organic Compound means any organic compound which 
participates in atmospheric photochemical reactions; or which is 
measured by a reference method, an equivalent method, an alternative 
method, or which is determined by procedures specified under any 
subpart.

[44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980; 
45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, Dec. 
13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994; 72 FR 
27442, May 16, 2007]



Sec. 60.3  Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A--ampere
g--gram
Hz--hertz
J--joule

[[Page 31]]

K--degree Kelvin
kg--kilogram
m--meter
m\3\--cubic meter
mg--milligram--10 -3 gram
mm--millimeter--10 -3 meter
Mg--megagram--10\6\ gram
mol--mole
N--newton
ng--nanogram--10 -9 gram
nm--nanometer--10 -9 meter
Pa--pascal
s--second
V--volt
W--watt
[ohm]--ohm
[micro]g--microgram--10 -6 gram

    (b) Other units of measure:

Btu--British thermal unit
 [deg]C--degree Celsius (centigrade)
cal--calorie
cfm--cubic feet per minute
cu ft--cubic feet
dcf--dry cubic feet
dcm--dry cubic meter
dscf--dry cubic feet at standard conditions
dscm--dry cubic meter at standard conditions
eq--equivalent
[deg]F--degree Fahrenheit
ft--feet
gal--gallon
gr--grain
g-eq--gram equivalent
hr--hour
in--inch
k--1,000
l--liter
lpm--liter per minute
lb--pound
meq--milliequivalent
min--minute
ml--milliliter
mol. wt.--molecular weight
ppb--parts per billion
ppm--parts per million
psia--pounds per square inch absolute
psig--pounds per square inch gage
[deg]R--degree Rankine
scf--cubic feet at standard conditions
scfh--cubic feet per hour at standard conditions
scm--cubic meter at standard conditions
sec--second
sq ft--square feet
std--at standard conditions

    (c) Chemical nomenclature:

CdS--cadmium sulfide
CO--carbon monoxide
CO2--carbon dioxide
HCl--hydrochloric acid
Hg--mercury
H2O--water
H2S--hydrogen sulfide
H2SO4--sulfuric acid
N2--nitrogen
NO--nitric oxide
NO2--nitrogen dioxide
NOX--nitrogen oxides
O2--oxygen
SO2--sulfur dioxide
SO3--sulfur trioxide
SOX--sulfur oxides

    (d) Miscellaneous:

A.S.T.M.--American Society for Testing and Materials

[42 FR 37000, July 19, 1977; 42 FR 38178, July 27, 1977]



Sec. 60.4  Address.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate to the appropriate Regional Office of the U.S. 
Environmental Protection Agency to the attention of the Director of the 
Division indicated in the following list of EPA Regional Offices.

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air Management Division, U.S. Environmental 
Protection Agency, John F. Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air and Waste Management Division, 
U.S. Environmental Protection Agency, Curtis Building, Sixth and Walnut 
Streets, Philadelphia, PA 19106.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 345 Courtland Street, 
NE., Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Air, Pesticides, and Toxics Division; U.S. Environmental Protection 
Agency, 1445 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, and 
Toxics Division, U.S. Environmental Protection

[[Page 32]]

Agency, 901 N. 5th Street, Kansas City, KS 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, 999 18th Street, Suite 300, 
Denver, CO 80202-2466.
Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada, 
Northern Mariana Islands), Director, Air Division, U.S. Environmental 
Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101.

    (b) Section 111(c) directs the Administrator to delegate to each 
State, when appropriate, the authority to implement and enforce 
standards of performance for new stationary sources located in such 
State. All information required to be submitted to EPA under paragraph 
(a) of this section, must also be submitted to the appropriate State 
Agency of any State to which this authority has been delegated 
(provided, that each specific delegation may except sources from a 
certain Federal or State reporting requirement). The appropriate mailing 
address for those States whose delegation request has been approved is 
as follows:
    (A) [Reserved]
    (B) State of Alabama, Air Pollution Control Division, Air Pollution 
Control Commission, 645 S. McDonough Street, Montgomery, AL 36104.
    (C) State of Alaska, Department of Environmental Conservation, Pouch 
O, Juneau, AK 99811.
    (D) Arizona:
Arizona Department of Environmental Quality, Office of Air Quality, P.O. 
Box 600, Phoenix, AZ 85001-0600.
Maricopa County Air Pollution Control, 2406 S. 24th Street, Suite E-214, 
Phoenix, AZ 85034.
Pima County Department of Environmental Quality, 130 West Congress 
Street, 3rd Floor, Tucson, AZ 85701-1317.
Pinal County Air Quality Control District, Building F, 31 North Pinal 
Street, Florence, AZ 85232.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (E) State of Arkansas: Chief, Division of Air Pollution Control, 
Arkansas Department of Pollution Control and Ecology, 8001 National 
Drive, P.O. Box 9583, Little Rock, AR 72209.
    (F) California:
Amador County Air Pollution Control District, 500 Argonaut Lane, 
Jackson, CA 95642.
Antelope Valley Air Pollution Control District, 43301 Division Street, 
Suite 206, P.O. Box 4409, Lancaster, CA 93539-4409.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
Butte County Air Pollution Control District, 2525 Dominic Drive, Suite 
J, Chico, CA 95928-7184.
Calaveras County Air Pollution Control District, 891 Mountain Ranch Rd., 
San Andreas, CA 95249.
Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite 
F, Colusa, CA 95932-3246.
El Dorado County Air Pollution Control District, 2850 Fairlane Court, 
Bldg. C, Placerville, CA 95667-4100.
Feather River Air Quality Management District, 938 14th Street, 
Marysville, CA 95901-4149.
Glenn County Air Pollution Control District, 720 N. Colusa Street, P.O. 
Box 351, Willows, CA 95988-0351.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
Suite 6, Bishop, CA 93514-3537.
Imperial County Air Pollution Control District, 150 South Ninth Street, 
El Centro, CA 92243-2801.
Kern County Air Pollution Control District (Southeast Desert), 2700 M. 
Street, Suite 302, Bakersfield, CA 93301-2370.
Lake County Air Quality Management District, 885 Lakeport Blvd., 
Lakeport, CA 95453-5405.
Lassen County Air Pollution Control District, 175 Russell Avenue, 
Susanville, CA 96130-4215.
Mariposa County Air Pollution Control District, P.O. Box 5, Mariposa, CA 
95338.
Mendocino County Air Pollution Control District, 306 E. Gobbi Street, 
Ukiah, CA 95482-5511.
Modoc County Air Pollution Control District, 202 W. 4th Street, Alturas, 
CA 96101-3915.
Mojave Desert Air Quality Management District, 14306 Part Avenue, 
Victorville, CA 92392-2310.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Ct., Monterey, CA 93940-6536.
North Coast Unified Air Pollution Control District, 2300 Myrtle Avenue, 
Eureka, CA 95501-3327.
Northern Sierra Air Quality Management District, 200 Litton Drive, P.O. 
Box 2509, Grass Valley, CA 95945-2509.
Northern Sonoma County Air Pollution Control District, 150 Matheson 
Street, Healdsburg, CA 95448-4908.

[[Page 33]]

Placer County Air Pollution Control District, DeWitt Center, 11464 ``B'' 
Avenue, Auburn, CA 95603-2603.
Sacramento Metropolitan Air Quality Management District, 777 12th 
Street, Third Floor, Sacramento, CA 95814-1908.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999 Tuolumne 
Street, 1990 E. Gettysburg, Fresno, CA 93726.
San Luis Obispo County Air Pollution Control District, 3433 Roberto 
Court, San Luis Obispo, CA 93401-7126.
Santa Barbara County Air Pollution Control District, 26 Castilian Drive, 
B-23, Goleta, CA 93117-3027.
Shasta County Air Quality Management District, 1855 Placer Street, Suite 
101, Redding, CA 96001-1759.
Siskiyou County Air Pollution Control District, 525 So. Foothill Drive, 
Yreka, CA 96097-3036.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.
Tehama County Air Pollution Control District, P.O. Box 38 (1750 Walnut 
Street), Red Bluff, CA 96080-0038.
Tuolumne County Air Pollution Control District, 2 South Green Street, 
Sonora, CA 95370-4618.
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003-5417.
Yolo-Solano Air Quality Management District, 1947 Galileo Ct., Suite 
103, Davis, CA 95616-4882.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (G) State of Colorado, Department of Public Health and Environment, 
4300 Cherry Creek Drive South, Denver, CO 80222-1530.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (H) State of Connecticut, Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, CT 06106.
    (I) State of Delaware, Delaware Department of Natural Resources and 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, DE 19901
    (J) District of Columbia, Department of Consumer and Regulatory 
Affairs, 5000 Overlook Avenue SW., Washington DC 20032.
    (K) Bureau of Air Quality Management, Department of Environmental 
Regulation, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, FL 32301.
    (L) State of Georgia, Environmental Protection Division, Department 
of Natural Resources, 270 Washington Street, SW., Atlanta, GA 30334.
    (M) Hawaii:
Hawaii State Agency, Clean Air Branch, 919 Ala Moana Blvd., 3rd Floor, 
Post Office Box 3378, Honolulu, HI 96814.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (N) State of Idaho, Department of Health and Welfare, Statehouse, 
Boise, ID 83701.
    (O) State of Illinois, Bureau of Air, Division of Air Pollution 
Control, Illinois Environmental Protection Agency, 2200 Churchill Road, 
Springfield, IL 62794-9276.
    (P) State of Indiana, Indiana Department of Environmental 
Management, 100 North Senate Avenue, P.O. Box 6015, Indianapolis, 
Indiana 46206-6015.
    (Q) State of Iowa: Iowa Department of Natural Resources, 
Environmental Protection Division, Air Quality Bureau, 7900 Hickman 
Road, Suite 1, Urbandale, IA 50322.
    (R) State of Kansas: Kansas Department of Health and Environment, 
Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 
66612-1366.
    (S) Division of Air Pollution Control, Department for Natural 
Resources and Environmental Protection, U.S. 127, Frankfort, KY 40601.
    (T) State of Louisiana: Louisiana Department of Environmental 
Quality, Office of Environmental Assessment, P.O. Box 4314, Baton Rouge, 
LA 70821-4314. For a list of delegated standards for Louisiana 
(excluding Indian country), see paragraph (e)(1) of this section.
    (U) State of Maine, Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, ME 
04333.
    (V) State of Maryland: Bureau of Air Quality and Noise Control, 
Maryland State Department of Health and Mental Hygiene, 201 West Preston 
Street, Baltimore, MD 21201.
    (W) Commonwealth of Massachusetts, Division of Air Quality Control, 
Department of Environmental Protection, One Winter Street, 7th floor, 
Boston, MA 02108.
    (X) State of Michigan, Air Quality Division, Michigan Department of 
Environmental Quality, P.O. Box 30260, Lansing, Michigan 48909.
    (Y) Minnesota Pollution Control Agency, Division of Air Quality, 520 
Lafayette Road, St. Paul, MN 55155.
    (Z) Bureau of Pollution Control, Department of Natural Resources, 
P.O. Box 10385, Jackson, MS 39209.
    (AA) State of Missouri: Missouri Department of Natural Resources, 
Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 
65102.

[[Page 34]]

    (BB) State of Montana, Department of Environmental Quality, 1520 E. 
6th Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (CC) State of Nebraska, Nebraska Department of Environmental 
Control, P.O. Box 94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of Environmental 
Health, 2200 St. Marys Avenue, Lincoln, NE 68502
    (DD) Nevada:
Nevada State Agency, Air Pollution Control, Bureau of Air Quality/
Division of Environmental Protection, 333 West Nye Lane, Carson City, NV 
89710.
Clark County Department of Air Quality Management, 500 S. Grand Central 
Parkway, First floor, Las Vegas, NV 89155-1776.
Washoe County Air Pollution Control, Washoe County District Air Quality 
Management, P.O. Box 11130, 1001 E. Ninth Street, Reno, NV 89520.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (EE) State of New Hampshire, Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
NH 03302-2033.
    (FF) State of New Jersey: New Jersey Department of Environmental 
Protection, Division of Environmental Quality, Enforcement Element, John 
Fitch Plaza, CN-027, Trenton, NJ 08625.
    (1) The following table lists the specific source and pollutant 
categories that have been delegated to the states in Region II. The (X) 
symbol is used to indicate each category that has been delegated.

----------------------------------------------------------------------------------------------------------------
                                                                           State
                        Subpart          -----------------------------------------------------------------------
                                             New Jersey         New York         Puerto Rico     Virgin Islands
----------------------------------------------------------------------------------------------------------------
D             Fossil-Fuel Fired Steam     X...............  X...............  X...............  X
               Generators for Which
               Construction Commenced
               After August 17, 1971
               (Steam Generators and
               Lignite Fired Steam
               Generators).
Da            Electric Utility Steam      X...............                    X...............
               Generating Units for
               Which Construction
               Commenced After September
               18, 1978.
Db            Industrial-Commercial-      X...............  X...............  X...............  X
               Institutional Steam
               Generating Units.
E             Incinerators..............  X...............  X...............  X...............  X
F             Portland Cement Plants....  X...............  X...............  X...............  X
G             Nitric Acid Plants........  X...............  X...............  X...............  X
H             Sulfuric Acid Plants......  X...............  X...............  X...............  X
I             Asphalt Concrete Plants...  X...............  X...............  X...............  X
J             Petroleum Refineries--(All  X...............  X...............  X...............  X
               Categories).
K             Storage Vessels for         X...............  X...............  X...............  X
               Petroleum Liquids
               Constructed After June
               11, 1973, and prior to
               May 19, 1978.
Ka            Storage Vessels for         X...............  X...............  X...............
               Petroleum Liquids
               Constructed After May 18,
               1978.
L             Secondary Lead Smelters...  X...............  X...............  X...............  X
M             Secondary Brass and Bronze  X...............  X...............  X...............  X
               Ingot Production Plants.
N             Iron and Steel Plants.....  X...............  X...............  X...............  X
O             Sewage Treatment Plants...  X...............  X...............  X...............  X
P             Primary Copper Smelters...  X...............  X...............  X...............  X
Q             Primary Zinc Smelters.....  X...............  X...............  X...............  X
R             Primary Lead Smelters.....  X...............  X...............  X...............  X
S             Primary Aluminum Reduction  X...............  X...............  X...............  X
               Plants.
T             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Wet Process
               Phosphoric Acid Plants.
U             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Superphosphoric
               Acid Plants.
V             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Diammonium
               Phosphate Plants.
W             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Triple
               Superphosphate Plants.
X             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Granular Triple
               Superphosphate.
Y             Coal Preparation Plants...  X...............  X...............  X...............  X
Z             Ferroally Production        X...............  X...............  X...............  X
               Facilities.
AA            Steel Plants: Electric Arc  X...............  X...............  X...............  X
               Furnaces.
AAa           Electric Arc Furnaces and   X...............  X...............  X...............
               Argon-Oxygen
               Decarburization Vessels
               in Steel Plants.
BB            Kraft Pulp Mills..........  X...............  X...............  X...............
CC            Glass Manufacturing Plants  X...............  X...............  X...............
DD            Grain Elevators...........  X...............  X...............  X...............
EE            Surface Coating of Metal    X...............  X...............  X...............
               Furniture.
GG            Stationary Gas Turbines...  X...............  X...............  X...............
HH            Lime Plants...............  X...............  X...............  X...............
KK            Lead Acid Battery           X...............  X...............
               Manufacturing Plants.
LL            Metallic Mineral            X...............  X...............  X...............
               Processing Plants.

[[Page 35]]

 
MM            Automobile and Light-Duty   X...............  X...............
               Truck Surface Coating
               Operations.
NN            Phosphate Rock Plants.....  X...............  X...............
PP            Ammonium Sulfate            X...............  X...............
               Manufacturing Plants.
QQ            Graphic Art Industry        X...............  X...............  X...............  X
               Publication Rotogravure
               Printing.
RR            Pressure Sensitive Tape     X...............  X...............  X...............
               and Label Surface Coating
               Operations.
SS            Industrial Surface          X...............  X...............  X...............
               Coating: Large Appliances.
TT            Metal Coil Surface Coating  X...............  X...............  X...............
UU            Asphalt Processing and      X...............  X...............  X...............
               Asphalt Roofing
               Manufacture.
VV            Equipment Leaks of          X...............                    X...............
               Volatile Organic
               Compounds in Synthetic
               Organic Chemical
               Manufacturing Industry.
WW            Beverage Can Surface        X...............  X...............  X...............
               Coating Industry.
XX            Bulk Gasoline Terminals...  X...............  X...............  X...............
FFF           Flexible Vinyl and          X...............  X...............  X...............
               Urethane Coating and
               Printing.
GGG           Equipment Leaks of VOC in   X...............                    X...............
               Petroleum Refineries.
HHH           Synthetic Fiber Production  X...............                    X...............
               Facilities.
JJJ           Petroleum Dry Clearners...  X...............  X...............  X...............
KKK           Equipment Leaks of VOC
               from Onshore Natural Gas
               Processing Plants.
LLL           Onshore Natural Gas                           X...............
               Processing Plants; SO2
               Emissions.
OOO           Nonmetallic Mineral                           X...............  X...............
               Processing Plants.
PPP           Wool Fiberglass Insulation                    X...............  X...............
               Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------

    (GG) State of New Mexico: New Mexico Environment Department, 1190 
St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502. Note: For 
a list of delegated standards for New Mexico (excluding Bernalillo 
County and Indian country), see paragraph (e)(1) of this section.
    (i) Albuquerque-Bernalillo County Air Quality Control Board, c/o 
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 
87103.
    (ii) [Reserved]
    (HH) New York: New York State Department of Environmental 
Conservation, 50 Wolf Road Albany, New York 12233, attention: Division 
of Air Resources.
    (II) North Carolina Environmental Management Commission, Department 
of Natural and Economic Resources, Division of Environmental Management, 
P.O. Box 27687, Raleigh, NC 27611. Attention: Air Quality Section.
    (JJ) State of North Dakota, Division of Air Quality, North Dakota 
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (KK) State of Ohio:
    (i) Medina, Summit and Portage Counties; Director, Akron Regional 
Air Quality Management District, 177 South Broadway, Akron, OH 44308.
    (ii) Stark County: Air Pollution Control Division, 420 Market Avenue 
North, Canton, Ohio 44702-3335.
    (iii) Butler, Clermont, Hamilton, and Warren Counties: Air Program 
Manager, Hamilton County Department of Environmental Services, 1632 
Central Parkway, Cincinnati, Ohio 45210.
    (iv) Cuyahoga County: Commissioner, Department of Public Health & 
Welfare, Division of Air Pollution Control, 1925 Saint Clair, Cleveland, 
Ohio 44114.
    (v) Belmont, Carroll, Columbiana, Harrison, Jefferson, and Monroe 
Counties: Director, North Ohio Valley Air Authority (NOVAA), 814 Adams 
Street, Steubenville, OH 43952.
    (vi) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties: 
Director, Regional Air Pollution Control Agency (RAPCA) 451 West Third 
Street, Dayton, Ohio 45402.
    (vii) Lucas County and the City of Rossford (in Wood County): 
Director, Toledo Environmental Services Agency, 26 Main Street, Toledo, 
OH 43605.
    (viii) Adams, Brown, Lawrence, and Scioto Counties; Engineer-
Director, Air Division, Portsmouth City Health Department, 740 Second 
Street, Portsmouth, OH 45662.
    (ix) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, 
Hancock, Hardin, Henry, Huron, Marion,

[[Page 36]]

Mercer, Ottawa, Paulding, Putnam, Richland, Sandusky, Seneca, Van Wert, 
Williams, Wood (except City of Rossford), and Wyandot Counties: Ohio 
Environmental Protection Agency, Northwest District Office, Air 
Pollution Control, 347 Dunbridge Rd., Bowling Green, Ohio 43402.
    (x) Ashtabula, Holmes, Lorain, and Wayne Counties: Ohio 
Environmental Protection Agency, Northeast District Office, Air 
Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
    (xi) Athens, Coshocton, Gallia, Guernsey, Hocking, Jackson, Meigs, 
Morgan, Muskingum, Noble, Perry, Pike, Ross, Tuscarawas, Vinton, and 
Washington Counties: Ohio Environmental Protection Agency, Southeast 
District Office, Air Pollution Unit, 2195 Front Street, Logan, OH 43138.
    (xii) Champaign, Clinton, Highland, Logan, and Shelby Counties: Ohio 
Environmental Protection Agency, Southwest District Office, Air 
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
    (xiii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, 
Madison, Morrow, Pickaway, and Union Counties: Ohio Environmental 
Protection Agency, Central District Office, Air Pollution Control, 3232 
Alum Creek Drive, Columbus, Ohio, 43207-3417.
    (xiv) Geauga and Lake Counties: Lake County General Health District, 
Air Pollution Control, 105 Main Street, Painesville, OH 44077.
    (xv) Mahoning and Trumbull Counties: Mahoning-Trumbull Air Pollution 
Control Agency, 9 West Front Street, Youngstown, OH 44503.
    (LL) State of Oklahoma, Oklahoma State Department of Health, Air 
Quality Service, P.O. Box 53551, Oklahoma City, OK 73152.
    (i) Oklahoma City and County: Director, Oklahoma City-County Health 
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
    (ii) Tulsa County: Tulsa City-County Health Department, 4616 East 
Fifteenth Street, Tulsa, OK 74112.
    (MM) State of Oregon. (i) Oregon Department of Environmental Quality 
(ODEQ), 811 SW Sixth Avenue, Portland, OR 97204-1390, http://
www.deq.state.or.us.
    (ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main 
Street, Springfield, Oregon 97477, http://www.lrapa.org.
    (NN)(a) City of Philadelphia: Philadelphia Department of Public 
Health, Air Management Services, 500 S. Broad Street, Philadelphia, PA 
19146.
    (b) Commonwealth of Pennsylvania: Department of Environmental 
Resources, Post Office Box 2063, Harrisburg, PA 17120.
    (c) Allegheny County: Allegheny County Health Department, Bureau of 
Air Pollution Control, 301 Thirty-ninth Street, Pittsburgh, PA 15201.
    (OO) State of Rhode Island, Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, RI 02908.
    (PP) State of South Carolina, Office of Environmental Quality 
Control, Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, SC 29201.
    (QQ) State of South Dakota, Air Quality Program, Department of 
Environment and Natural Resources, Joe Foss Building, 523 East Capitol, 
Pierre, SD 57501-3181.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragragh (c) of this section.

    (RR) Division of Air Pollution Control, Tennessee Department of 
Public Health, 256 Capitol Hill Building, Nashville, TN 37219.
Knox County Department of Air Pollution, City/County Building, Room 
    L222, 400 Main Avenue, Knoxville, TN 37902.
Air Pollution Control Bureau, Metropolitan Health Department, 311 23rd 
    Avenue North, Nashville, TN 37203.
    (SS) State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
Austin, TX 78723.
    (TT) State of Utah, Division of Air Quality, Department of 
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (UU) State of Vermont, Air Pollution Control Division, Agency of 
Natural

[[Page 37]]

Resources, Building 3 South, 103 South Main Street, Waterbury, VT 05676.
    (VV) Commonwealth of Virginia, Virginia State Air Pollution Control 
Board, Room 1106, Ninth Street Office Building, Richmond, VA 23219.
    (WW) State of Washington. (i) Washington State Department of Ecology 
(Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://
www.ecy.wa.gov/
    (ii) Benton Clean Air Authority (BCAA), 650 George Washington Way, 
Richland, WA 99352-4289, http://www.bcaa.net/
    (iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South 
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/
    (iv) Olympic Regional Clean Air Agency (ORCAA), 909 Sleater-Kinney 
Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.orcaa.org/
    (v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite 
500, Seattle, WA 98101-2038, http://www.pscleanair.org/
    (vi) Spokane County Air Pollution Control Authority (SCAPCA), West 
1101 College, Suite 403, Spokane, WA 99201, http://www.scapca.org/
    (vii) Southwest Clean Air Agency (SWCAA), 1308 NE. 134th St., 
Vancouver, WA 98685-2747, http://www.swcleanair.org/
    (viii) Yakima Regional Clean Air Authority (YRCAA), 6 South 2nd 
Street, Suite 1016, Yakima, WA 98901, http://co.yakima.wa.us/cleanair/
default.htm
    (ix) The following table lists the delegation status of the New 
Source Performance Standards for the State of Washington. An ``X'' 
indicates the subpart has been delegated, subject to all the conditions 
and limitations set forth in Federal law and the letters granting 
delegation. Some authorities cannot be delegated and are retained by 
EPA. Refer to the letters granting delegation for a discussion of these 
retained authorities. The dates noted at the end of the table indicate 
the effective dates of Federal rules that have been delegated. Authority 
for implementing and enforcing any amendments made to these rules after 
these effective dates are not delegated.

                                                   NSPS Subparts Delegated to Washington Air Agencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Washington
                                                         -----------------------------------------------------------------------------------------------
                       Subpart \1\                          Ecology
                                                              \2\      BCAA \3\    NWAPA \4\   ORCAA \5\   PSCAA \6\  SCAPCA \7\   SWCAA \8\   YRCAA \9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions....................................          X           X           X           X           X           X           X           X
B Adoption and Submittal of State Plans for Designated
 Facilities.............................................
C Emission Guidelines and Compliance Times..............
Cb Large Municipal Waste Combustors that are Constructed
 on or before September 20, 1994 (Emission Guidelines
 and Compliance Times)..................................
Cc Municipal Solid Waste Landfills (Emission Guidelines
 and Compliance Times)..................................
Cd Sulfuric Acid Production Units (Emission Guidelines
 and Compliance Times)..................................
Ce Hospital/Medical/Infectious Waste Incinerators
 (Emission Guidelines and Compliance Times).............
D Fossil-Fuel-Fired Steam Generators for which                    X           X           X           X           X           X           X           X
 Construction is Commenced after August 17, 1971........
Da Electric Utility Steam Generating Units for which              X           X           X           X           X           X           X           X
 Construction is Commenced after September 18, 1978.....

[[Page 38]]

 
Db Industrial-Commercial-Institutional Steam Generating           X           X           X           X           X           X           X           X
 Units..................................................
Dc Small Industrial-Commercial-Institutional Steam                X           X           X           X           X           X           X           X
 Generating Units.......................................
E Incinerators..........................................          X           X           X           X           X           X           X           X
Ea Municipal Waste Combustors for which Construction is           X           X           X           X           X           X           X           X
 Commenced after December 20, 1989 and on or before
 September 20, 1994.....................................
Eb--Large Municipal Waste Combustors....................  ..........          X   ..........          X           X           X
Ec--Hospital/Medical/Infectious Waste Incinerators......          X           X           X           X           X           X
F Portland Cement Plants................................          X           X           X           X           X           X           X           X
G Nitric Acid Plants....................................          X           X           X           X           X           X           X           X
H Sulfuric Acid Plants..................................          X           X           X           X           X           X           X           X
I Hot Mix Asphalt Facilities............................          X           X           X           X           X           X           X           X
J Petroleum Refineries..................................          X           X           X           X           X           X           X           X
K Storage Vessels for Petroleum Liquids for which                 X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after June 11, 1973 and prior to May 19, 1978..........
Ka Storage Vessels for Petroleum Liquids for which                X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after May 18, 1978 and prior to July 23, 1984..........
Kb VOC Liquid Storage Vessels (including Petroleum                X           X           X           X           X           X           X           X
 Liquid Storage Vessels) for which Construction,
 Reconstruction, or Modification Commenced after July
 23, 1984...............................................
L Secondary Lead Smelters...............................          X           X           X           X           X           X           X           X
M Secondary Brass and Bronze Production Plants..........          X           X           X           X           X           X           X           X
N Primary Emissions from Basic Oxygen Process Furnaces            X           X           X           X           X           X           X           X
 for which Construction is Commenced after June 11, 1973
Na Secondary Emissions from Basic Oxygen Process Steel-           X           X           X           X           X           X           X           X
 making Facilities for which Construction is Commenced
 after January 20, 1983.................................
O Sewage Treatment Plants...............................          X           X           X           X           X           X           X           X
P Primary Copper Smelters...............................          X           X           X           X           X           X           X           X
Q Primary Zinc Smelters.................................          X           X           X           X           X           X           X           X
R Primary Lead Smelters.................................          X           X           X           X           X           X           X           X
S Primary Aluminum Reduction Plants \10\................          X
T Phosphate Fertilizer Industry: Wet Process Phosphoric           X           X           X           X           X           X           X           X
 Acid Plants............................................

[[Page 39]]

 
U Phosphate Fertilizer Industry: Superphosphoric Acid             X           X           X           X           X           X           X           X
 Plants.................................................
V Phosphate Fertilizer Industry: Diammonium Phosphate             X           X           X           X           X           X           X           X
 Plants.................................................
W Phosphate Fertilizer Industry: Triple Superphosphate            X           X           X           X           X           X           X           X
 Plants.................................................
X Phosphate Fertilizer Industry: Granular Triple                  X           X           X           X           X           X           X           X
 Superphosphate Storage Facilities......................
Y Coal Preparation Plants...............................          X           X           X           X           X           X           X           X
Z Ferroalloy Production Facilities......................          X           X           X           X           X           X           X           X
AA Steel Plants: Electric Arc Furnaces Constructed after          X           X           X           X           X           X           X           X
 October 21, 1974 and on or before August 17, 1983......
AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen          X           X           X           X           X           X           X           X
 Decarburization Vessels Constructed after August 7,
 1983...................................................
BB Kraft Pulp Mills \11\................................          X
CC Glass Manufacturing Plants...........................          X           X           X           X           X           X           X           X
DD Grain Elevators......................................          X           X           X           X           X           X           X           X
EE Surface Coating of Metal Furniture...................          X           X           X           X           X           X           X           X
GG Stationary Gas Turbines..............................          X           X           X           X           X           X           X           X
HH Lime Manufacturing Plants............................          X           X           X           X           X           X           X           X
KK Lead-Acid Battery Manufacturing Plants...............          X           X           X           X           X           X           X           X
LL Metallic Mineral Processing Plants...................          X           X           X           X           X           X           X           X
MM Automobile and Light Duty Truck Surface Coating                X           X           X           X           X           X           X           X
 Operations.............................................
NN Phosphate Rock Plants................................          X           X           X           X           X           X           X           X
PP Ammonium Sulfate Manufacture.........................          X           X           X           X           X           X           X           X
QQ Graphic Arts Industry: Publication Rotogravure                 X           X           X           X           X           X           X           X
 Printing...............................................
RR Pressure Sensitive Tape and Label Surface Coating              X           X           X           X           X           X           X           X
 Standards..............................................
SS Industrial Surface Coating: Large Appliances.........          X           X           X           X           X           X           X           X
TT Metal Coil Surface Coating...........................          X           X           X           X           X           X           X           X
UU Asphalt Processing and Asphalt Roof Manufacture......          X           X           X           X           X           X           X           X
VV Equipment Leaks of VOC in Synthetic Organic Chemical           X           X           X           X           X           X           X           X
 Manufacturing Industry.................................
WW Beverage Can Surface Coating Industry................          X           X           X           X           X           X           X           X
XX Bulk Gasoline Terminals..............................          X           X           X           X           X           X           X           X
AAA New Residential Wood Heaters........................

[[Page 40]]

 
BBB Rubber Tire Manufacturing Industry..................          X           X           X           X           X           X           X           X
DDD VOC Emissions from Polymer Manufacturing Industry...          X           X           X           X           X           X           X           X
FFF Flexible Vinyl and Urethane Coating and Printing....          X           X           X           X           X           X           X           X
GGG Equipment Leaks of VOC in Petroleum Refineries......          X           X           X           X           X           X           X           X
HHH Synthetic Fiber Production Facilities...............          X           X           X           X           X           X           X           X
III VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Air Oxidation Unit Processes....
JJJ Petroleum Dry Cleaners..............................          X           X           X           X           X           X           X           X
KKK Equipment Leaks of VOC from Onshore Natural Gas               X           X           X           X           X           X           X           X
 Processing Plants......................................
LLL Onshore Natural Gas Processing: SO2 Emissions.......          X           X           X           X           X           X           X           X
NNN VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Distillation Operations.........
OOO Nonmetallic Mineral Processing Plants...............  ..........  ..........          X   ..........          X   ..........          X
PPP Wool Fiberglass Insulation Manufacturing Plants.....          X           X           X           X           X           X           X           X
QQQ VOC Emissions from Petroleum Refinery Wastewater              X           X           X           X           X           X           X           X
 Systems................................................
RRR VOCs from Synthetic Organic Chemical Manufacturing            X           X           X           X           X           X           X           X
 Industry Reactor Processes.............................
SSS Magnetic Tape Coating Facilities....................          X           X           X           X           X           X           X           X
TTT Industrial Surface Coating: Surface Coating of                X           X           X           X           X           X           X           X
 Plastic Parts for Business Machines....................
UUU Calciners and Dryers in Mineral Industries..........          X           X           X           X           X           X           X           X
VVV Polymeric Coating of Supporting Substrates                    X           X           X           X           X           X           X           X
 Facilities.............................................
WWW Municipal Solid Waste Landfills.....................          X           X           X           X           X           X           X           X
AAAA Small Municipal Waste Combustion Units for which             X           X   ..........          X           X           X   ..........          X
 Construction is Commenced after August 30, 1999 or for
 which Modification or Reconstruction is Commenced after
 June 6, 2001...........................................
BBBB Small Municipal Waste Combustion Units Constructed
 on or before August 30, 1999 (Emission Guidelines and
 Compliance Times)......................................

[[Page 41]]

 
CCCC Commercial and Industrial Solid Waste Incineration           X           X   ..........          X           X           X   ..........          X
 Units for which Construction is Commenced after
 November, 30, 1999 or for which Modification or
 Reconstruction is Commenced on or after June 1, 2001...
DDDD Commercial and Industrial Solid Waste Incineration
 Units that Commenced Construction on or before November
 30, 1999 (Emission Guidelines and Compliance Times)....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any authority within any subpart of this part that is not delegable, is not delegated. Please refer to Attachment B to the delegation letters for a
  listing of the NSPS authorities excluded from delegation.
\2\ Washington State Department of Ecology, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for
  40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\3\ Benton Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40 CFR part
  60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\4\ Northwest Air Pollution Authority, for all NSPS delegated, as in effect on July 1, 2000.
\5\ Olympic Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\6\ Puget Sound Clean Air Authority, for all NSPS delegated, as in effect on July 1, 2002.
\7\ Spokane County Air Pollution Control Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6,
  2001; for 40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\8\ Southwest Clean Air Agency, for all NSPS delegated, as in effect on July 1, 2000.
\9\ Yakima Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\10\ Subpart S of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\11\ Subpart BB of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

    (XX) State of West Virginia: Air Pollution Control Commission, 1558 
Washington Street East, Charleston, WV 25311.
    (YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box 
7921, Madison, WI 53707.
    (ZZ) State of Wyoming, Department of Environmental Quality, Air 
Quality Division, Herschler Building, 122 West 25th Street, Cheyenne, WY 
82002.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (AAA) Territory of Guam: Guam Environmental Protection Agency, Post 
Office Box 2999, Agana, Guam 96910.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico 
Environmental Quality Board, P.O. Box 11488, Santurce, PR 00910, 
Attention: Air Quality Area Director (see table under Sec. 
60.4(b)(FF)(1)).
    (CCC) U.S. Virgin Islands: U.S. Virgin Islands Department of 
Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. 
Thomas, VI 00801.
    (DDD) American Samoa Environmental Protection Agency, Pago Pago, 
American Samoa 96799.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (EEE) Commonwealth of the Northern Mariana Islands, Division of 
Environmental Quality, P.O. Box 1304, Saipan, MP 96950.


[[Page 42]]


    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (c) The following is a table indicating the delegation status of New 
Source Performance Standards for Region VIII.

                              Delegation Status of New Source Performance Standards
                                            [(NSPS) for Region VIII]
----------------------------------------------------------------------------------------------------------------
                    Subpart                         CO         MT         ND         SD         UT         WY
----------------------------------------------------------------------------------------------------------------
A--General Provisions.........................        (*)        (*)        (*)        (*)        (*)        (*)
D--Fossil Fuel Fired Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Da--Electric Utility Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Db--Industrial-Commercial--Institutional Steam        (*)        (*)        (*)        (*)        (*)        (*)
 Generators...................................
Dc--Industrial-Commercial--Institutional Steam        (*)        (*)        (*)        (*)        (*)
 Generators...................................
E--Incinerators...............................        (*)        (*)        (*)        (*)        (*)        (*)
Ea--Municipal Waste Combustors................        (*)        (*)        (*)        (*)        (*)        (*)
Eb--Large Municipal Waste Combustors..........  .........        (*)  .........        (*)        (*)        (*)
Ec--Hospital/Medical/Infectious Waste                 (*)        (*)        (*)        (*)        (*)        (*)
 Incinerators.................................
F--Portland Cement Plants.....................        (*)        (*)        (*)        (*)        (*)        (*)
G--Nitric Acid Plants.........................        (*)        (*)        (*)                   (*)        (*)
H--Sulfuric Acid Plants.......................        (*)        (*)        (*)                   (*)        (*)
I--Asphalt Concrete Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
J--Petroleum Refineries.......................        (*)        (*)        (*)                   (*)        (*)
K--Petroleum Storage Vessels (after 6/11/73 &         (*)        (*)        (*)        (*)        (*)        (*)
 prior to.....................................
 5/19/78).....................................
Ka--Petroleum Storage Vessels (after 5/18/78 &        (*)        (*)        (*)        (*)        (*)        (*)
 prior to.....................................
 7/23/84).....................................
Kb--Petroleum Storage Vessels (after 7/23/84).        (*)        (*)        (*)        (*)        (*)        (*)
L--Secondary Lead Smelters....................        (*)        (*)        (*)                   (*)        (*)
M--Secondary Brass & Bronze Production Plants.        (*)        (*)        (*)                   (*)        (*)
N--Primary Emissions from Basic Oxygen Process        (*)        (*)        (*)                   (*)        (*)
 Furnaces (after 6/11/73).....................
Na--Secondary Emissions from Basic Oxygen             (*)        (*)        (*)                   (*)        (*)
 Process Furnaces (after 1/20/83).............
O--Sewage Treatment Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
P--Primary Copper Smelters....................        (*)        (*)        (*)                   (*)        (*)
Q--Primary Zinc Smelters......................        (*)        (*)        (*)                   (*)        (*)
R--Primary Lead Smelters......................        (*)        (*)        (*)                   (*)        (*)
S--Primary Aluminum Reduction Plants..........        (*)        (*)        (*)                   (*)        (*)
T--Phosphate Fertilizer Industry: Wet Process         (*)        (*)        (*)                   (*)        (*)
 Phosphoric Plants............................
U--Phosphate Fertilizer Industry:                     (*)        (*)        (*)                   (*)        (*)
 Superphosphoric Acid Plants..................
V--Phosphate Fertilizer Industry: Diammonium          (*)        (*)        (*)                   (*)        (*)
 Phosphate Plants.............................
W--Phosphate Fertilizer Industry: Triple              (*)        (*)        (*)                   (*)        (*)
 Superphosphate Plants........................
X--Phosphate Fertilizer Industry: Granular            (*)        (*)        (*)                   (*)        (*)
 Triple Superphosphate Storage Facilities.....
Y--Coal Preparation Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
Z--Ferroalloy Production Facilities...........        (*)        (*)        (*)                   (*)        (*)
AA--Steel Plants: Electric Arc Furnaces (10/21/       (*)        (*)        (*)                   (*)        (*)
 74-8/17/83)..................................
AAa--Steel Plants: Electric Arc Furnaces and          (*)        (*)        (*)                   (*)        (*)
 Argon-Oxygen Decarburization Vessels (after 8/
 7/83)........................................
BB--Kraft Pulp Mills..........................        (*)        (*)        (*)                   (*)        (*)
CC--Glass Manufacturing Plants................        (*)        (*)        (*)                   (*)        (*)
DD--Grain Elevator............................        (*)        (*)        (*)        (*)        (*)        (*)
EE--Surface Coating of Metal Furniture........        (*)        (*)        (*)                   (*)        (*)
GG--Stationary Gas Turbines...................        (*)        (*)        (*)        (*)        (*)        (*)
HH--Lime Manufacturing Plants.................        (*)        (*)        (*)        (*)        (*)        (*)
KK--Lead-Acid Battery Manufacturing Plants....        (*)        (*)        (*)                   (*)        (*)
LL--Metallic Mineral Processing Plants........        (*)        (*)        (*)        (*)        (*)        (*)
MM--Automobile & Light Duty Truck Surface             (*)        (*)        (*)                   (*)        (*)
 Coating Operations...........................
NN--Phosphate Rock Plants.....................        (*)        (*)        (*)                   (*)        (*)
PP--Ammonium Sulfate Manufacturing............        (*)        (*)        (*)                   (*)        (*)
QQ--Graphic Arts Industry: Publication                (*)        (*)        (*)        (*)        (*)        (*)
 Rotogravure Printing.........................

[[Page 43]]

 
RR--Pressure Sensitive Tape & Label Surface           (*)        (*)        (*)        (*)        (*)        (*)
 Coating......................................
SS--Industrial Surface Coating: Large                 (*)        (*)        (*)                   (*)        (*)
 Applications.................................
TT--Metal Coil Surface Coating................        (*)        (*)        (*)                   (*)        (*)
UU--Asphalt Processing & Asphalt Roofing              (*)        (*)        (*)                   (*)        (*)
 Manufacture..................................
VV--Synthetic Organic Chemicals Manufacturing:        (*)        (*)        (*)        (*)        (*)        (*)
 Equipment Leaks of VOC.......................
WW--Beverage Can Surface Coating Industry.....        (*)        (*)        (*)                   (*)        (*)
XX--Bulk Gasoline Terminals...................        (*)        (*)        (*)        (*)        (*)        (*)
AAA--Residential Wood Heaters.................        (*)        (*)        (*)        (*)        (*)        (*)
BBB--Rubber Tires.............................        (*)        (*)        (*)                   (*)        (*)
DDD--VOC Emissions from Polymer Manufacturing         (*)        (*)        (*)                   (*)        (*)
 Industry.....................................
FFF--Flexible Vinyl & Urethane Coating &              (*)        (*)        (*)                   (*)        (*)
 Printing.....................................
GGG--Equipment Leaks of VOC in Petroleum              (*)        (*)        (*)                   (*)        (*)
 Refineries...................................
HHH--Synthetic Fiber Production...............        (*)        (*)        (*)                   (*)        (*)
III--VOC Emissions from the Synthetic Organic                    (*)        (*)                   (*)        (*)
 Chemical Manufacturing Industry Air Oxidation
 Unit Processes...............................
JJJ--Petroleum Dry Cleaners...................        (*)        (*)        (*)        (*)        (*)        (*)
KKK--Equipment Leaks of VOC from Onshore              (*)        (*)        (*)                   (*)        (*)
 Natural Gas Processing Plants................
LLL--Onshore Natural Gas Processing: SO2              (*)        (*)        (*)                   (*)        (*)
 Emissions....................................
NNN--VOC Emissions from the Synthetic Organic         (*)        (*)        (*)        (*)        (*)        (*)
 Chemical Manufacturing Industry Distillation
 Operations...................................
OOO--Nonmetallic Mineral Processing Plants....        (*)        (*)        (*)        (*)        (*)        (*)
PPP--Wool Fiberglass Insulation Manufacturing         (*)        (*)        (*)                   (*)        (*)
 Plants.......................................
QQQ--VOC Emissions from Petroleum Refinery            (*)        (*)        (*)                   (*)        (*)
 Wastewater Systems...........................
RRR--VOC Emissions from Synthetic Organic             (*)        (*)        (*)        (*)        (*)        (*)
 Chemistry Manufacturing Industry (SOCMI)
 Reactor Processes............................
SSS--Magnetic Tape Industry...................        (*)        (*)        (*)        (*)        (*)        (*)
TTT--Plastic Parts for Business Machine               (*)        (*)        (*)  .........        (*)        (*)
 Coatings.....................................
UUU--Calciners and Dryers in Mineral                  (*)        (*)        (*)        (*)        (*)        (*)
 Industries...................................
VVV--Polymeric Coating of Supporting                  (*)        (*)        (*)  .........        (*)        (*)
 Substrates...................................
WWW--Municipal Solid Waste Landfills..........        (*)        (*)        (*)        (*)        (*)        (*)
AAAA-Small Municipal Waste Combustors.........  .........        (*)        (*)  .........        (*)        (*)
CCCC-Commercial and Industrial Solid Waste      .........        (*)        (*)  .........        (*)        (*)
 Incineration Units...........................
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.

    (d) The following tables list the specific Part 60 standards that 
have been delegated unchanged to the air pollution control agencies in 
Region IX. The (X) symbol is used to indicate each standard that has 
been delegated. The following provisions of this subpart are not 
delegated: Sec. Sec. 60.4(b), 60.8(b), 60.9, 60.11(b), 60.11(e), 
60.13(a), 60.13(d)(2), 60.13(g), 60.13(i).
    (1) Arizona. The following table identifies delegations as of 
October 21, 2004:

                       Delegation Status for New Source Performance Standards for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                           Air Pollution Control Agency
                                                                 -----------------------------------------------
                                            Subpart                 Arizona    Maricopa      Pima        Pinal
                                                                      DEQ       County      County      County
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.

[[Page 44]]

 
Dc                            Small Industrial Steam Generating           X           X           X           X
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors                  X           X           X           X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors                  X   ..........          X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste   ..........  ..........          X
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X           X           X           X
G                             Nitric Acid Plants................          X           X           X           X
H                             Sulfuric Acid Plant...............          X           X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X           X           X           X
Q                             Primary Zinc Smelters.............          X           X           X           X
R                             Primary Lead Smelters.............          X           X           X           X
S                             Primary Aluminum Reduction Plants.          X           X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X           X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X           X           X           X
Z                             Ferroalloy Production Facilities..          X           X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................          X           X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X           X
FF                            (Reserved)........................  ..........  ..........  ..........
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants          X           X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X           X           X           X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating                X           X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........          X           X           X           X
AAA                           New Residential Wool Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X           X
CCC                           (Reserved)........................  ..........  ..........  ..........

[[Page 45]]

 
DDD                           Volatile Organic Compounds (VOC)            X           X           X           X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................  ..........  ..........  ..........
FFF                           Flexible Vinyl and Urethane                 X           X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X           X           X           X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production                  X           X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................          X           X           X           X
NNN                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X           X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X   ..........          X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X           X
TTT                           Industrial Surface Coating:                 X           X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X   ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting             X           X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X   ..........          X
AAAA                          Small Municipal Waste Combustion            X   ..........  ..........
                               Units for Which Construction is
                               Commenced After August 30, 1999
                               or for Which Modification or
                               Reconstruction is Commended After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid             X   ..........  ..........  ..........
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999 or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
----------------------------------------------------------------------------------------------------------------

    (2) California. The following tables identify delegations for each 
of the local air pollution control agencies of California.
    (i) Delegations for Amador County Air Pollution Control District, 
Antelope Valley Air Pollution Control District, Bay Area Air Quality 
Management District, and Butte County Air Pollution Control District are 
shown in the following table:

  Delegation Status for New Source Performance Standards for Amador County APCD, Antelope Valley APCD, Bay Area
                                           AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Amador     Antelope                  Butte
                                                                    County      Valley     Bay Area     County
                                                                     APCD        APCD        AQMD        APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................
D                          Fossil-Fuel Fired Steam Generators     ..........  ..........          X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........  ..........          X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........  ..........          X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................  ..........  ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors
                            Constructed After September 20, 1994.

[[Page 46]]

 
Ec                         Hospital/Medical/Infectious Waste
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............  ..........  ..........          X
G                          Nitric Acid Plants...................  ..........  ..........          X
H                          Sulfuric Acid Plants.................  ..........  ..........          X
I                          Hot Mix Asphalt Facilities...........  ..........  ..........          X
J                          Petroleum Refineries.................  ..........  ..........          X
K                          Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........  ..........          X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............  ..........  ..........          X
M                          Secondary Brass and Bronze Production  ..........  ..........          X
                            Plants.
N                          Primary Emissions from Basic Oxygen    ..........  ..........          X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........  ..........          X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............  ..........  ..........          X
P                          Primary Copper Smelters..............  ..........  ..........          X
Q                          Primary Zinc Smelters................  ..........  ..........          X
R                          Primary Lead Smelters................  ..........  ..........          X
S                          Primary Aluminum Reduction Plants....  ..........  ..........          X
T                          Phosphate Fertilizer Industry: Wet
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple  ..........  ..........          X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............  ..........  ..........          X
Z                          Ferroalloy Production Facilities.....  ..........  ..........          X
AA                         Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................  ..........  ..........          X
CC                         Glass Manufacturing Plants...........  ..........  ..........          X
DD                         Grain Elevators......................  ..........  ..........          X
EE                         Surface Coating of Metal Furniture...  ..........  ..........          X
FF                         (Reserved)...........................
GG                         Stationary Gas Turbines..............  ..........  ..........          X
HH                         Lime Manufacturing Plants............  ..........  ..........          X
KK                         Lead-Acid Battery Manufacturing        ..........  ..........          X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........  ..........          X
MM                         Automobile and Light Duty Trucks       ..........  ..........          X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........  ..........          X
PP                         Ammonium Sulfate Manufacture.........  ..........  ..........          X
QQ                         Graphic Arts Industry: Publication     ..........  ..........          X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........  ..........          X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........  ..........          X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........  ..........          X
UU                         Asphalt Processing and Asphalt         ..........  ..........          X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............
AAA                        New Residential Wool Heaters.........  ..........  ..........          X
BBB                        Rubber Tire Manufacturing Industry...  ..........  ..........          X
CCC                        (Reserved)...........................
DDD                        Volatile Organic Compounds (VOC)       ..........  ..........          X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................

[[Page 47]]

 
FFF                        Flexible Vinyl and Urethane Coating    ..........  ..........          X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries.
HHH                        Synthetic Fiber Production Facilities  ..........  ..........          X
III                        Volatile Organic Compound (VOC)
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........  ..........          X
KKK                        Equipment Leaks of VOC From Onshore    ..........  ..........          X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2
                            Emissions.
MMM                        (Reserved)...........................
NNN                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........  ..........          X
PPP                        Wool Fiberglass Insulation             ..........  ..........          X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........  ..........          X
TTT                        Industrial Surface Coating: Surface    ..........  ..........          X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......
----------------------------------------------------------------------------------------------------------------

    (ii) [Reserved]
    (iii) Delegations for Glenn County Air Pollution Control District, 
Great Basin Unified Air Pollution Control District, Imperial County Air 
Pollution Control District, and Kern County Air Pollution Control 
District are shown in the following table:

Delegation Status for New Source Performance Standards for Glenn County APCD, Great Basin Unified APCD, Imperial
                                        County APCD, and Kern County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                 Great
                                            Subpart                  Glenn       Basin     Imperial      Kern
                                                                    County      Unified     County      County
                                                                     APCD        APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................  ..........          X   ..........          X
D                             Fossil-Fuel Fired Steam Generators  ..........          X   ..........          X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating   ..........          X   ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-              ..........          X   ..........          X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating   ..........          X   ..........          X
                               Units.
E                             Incinerators......................  ..........          X   ..........          X
Ea                            Municipal Waste Combustors          ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............  ..........          X   ..........          X
G                             Nitric Acid Plants................  ..........          X   ..........          X
H                             Sulfuric Acid Plants..............  ..........          X
I                             Hot Mix Asphalt Facilities........  ..........          X   ..........          X
J                             Petroleum Refineries..............  ..........          X   ..........          X
K                             Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.

[[Page 48]]

 
Ka                            Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage     ..........          X   ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........  ..........          X   ..........          X
M                             Secondary Brass and Bronze          ..........          X   ..........          X
                               Production Plants.
N                             Primary Emissions from Basic        ..........          X   ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic      ..........          X   ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........  ..........          X   ..........          X
P                             Primary Copper Smelters...........  ..........          X   ..........          X
Q                             Primary Zinc Smelters.............  ..........          X   ..........          X
R                             Primary Lead Smelters.............  ..........          X   ..........          X
S                             Primary Aluminum Reduction Plants.  ..........          X   ..........          X
T                             Phosphate Fertilizer Industry: Wet  ..........          X   ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........  ..........          X   ..........          X
Z                             Ferroalloy Production Facilities..  ..........          X   ..........          X
AA                            Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................  ..........          X   ..........          X
CC                            Glass Manufacturing Plants........  ..........          X   ..........          X
DD                            Grain Elevators...................  ..........          X   ..........          X
EE                            Surface Coating of Metal Furniture  ..........          X   ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........  ..........          X   ..........          X
HH                            Lime Manufacturing Plants.........  ..........          X   ..........          X
KK                            Lead-Acid Battery Manufacturing     ..........          X   ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants  ..........          X   ..........          X
MM                            Automobile and Light Duty Trucks    ..........          X   ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............  ..........          X   ..........          X
PP                            Ammonium Sulfate Manufacture......  ..........          X   ..........          X
QQ                            Graphic Arts Industry: Publication  ..........          X   ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label   ..........          X   ..........          X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large   ..........          X   ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........  ..........          X   ..........          X
UU                            Asphalt Processing and Asphalt      ..........          X   ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the       ..........          X   ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating        ..........          X   ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......  ..........          X   ..........          X
BBB                           Rubber Tire Manufacturing Industry  ..........          X   ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)    ..........          X   ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane         ..........          X   ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in           ..........          X   ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production          ..........          X   ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............  ..........          X   ..........          X
KKK                           Equipment Leaks of VOC From         ..........          X   ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:     ..........  ..........  ..........          X
                               SO2 Emissions.

[[Page 49]]

 
MMM                           (Reserved)........................
NNN                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing      ..........          X   ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation          ..........          X   ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum        ..........          X   ..........          X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound           ..........  ..........  ..........          X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..  ..........          X   ..........          X
TTT                           Industrial Surface Coating:         ..........          X   ..........          X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral     ..........          X   ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X   ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...  ..........  ..........  ..........          X
----------------------------------------------------------------------------------------------------------------

    (iv) Delegations for Lake County Air Quality Management District, 
Lassen County Air Pollution Control District, Mariposa County Air 
Pollution Control District, and Mendocino County Air Pollution Control 
District are shown in the following table:

 Delegation Status for New Source Performance Standards for Lake County Air Quality Management District, Lassen
 County Air Pollution Control District, Mariposa County Air Pollution Control District, and Mendocino County Air
                                           Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                            Subpart                  Lake       Lassen     Mariposa    Mendocino
                                                                    County      County      County      County
                                                                     AQMD        APCD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X   ..........  ..........          X
D                             Fossil-Fuel Fired Steam Generators          X   ..........  ..........          X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X   ..........  ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X   ..........  ..........          X
                               Units.
E                             Incinerators......................          X   ..........  ..........          X
Ea                            Municipal Waste Combustors                  X   ..........  ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X   ..........  ..........          X
G                             Nitric Acid Plants................          X   ..........  ..........          X
H                             Sulfuric Acid Plants..............          X   ..........  ..........          X
I                             Hot Mix Asphalt Facilities........          X   ..........  ..........          X
J                             Petroleum Refineries..............          X   ..........  ..........          X
K                             Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X   ..........  ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X   ..........  ..........          X
M                             Secondary Brass and Bronze                  X   ..........  ..........          X
                               Production Plants.
N                             Primary Emissions from Basic                X   ..........  ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.

[[Page 50]]

 
Na                            Secondary Emissions from Basic              X   ..........  ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X   ..........  ..........          X
P                             Primary Copper Smelters...........          X   ..........  ..........          X
Q                             Primary Zinc Smelters.............          X   ..........  ..........          X
R                             Primary Lead Smelters.............          X   ..........  ..........          X
S                             Primary Aluminum Reduction Plants.          X   ..........  ..........          X
T                             Phosphate Fertilizer Industry: Wet          X   ..........  ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X   ..........  ..........          X
Z                             Ferroalloy Production Facilities..          X   ..........  ..........          X
AA                            Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X   ..........  ..........          X
CC                            Glass Manufacturing Plants........          X   ..........  ..........          X
DD                            Grain Elevators...................          X   ..........  ..........          X
EE                            Surface Coating of Metal Furniture          X   ..........  ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X   ..........  ..........          X
HH                            Lime Manufacturing Plants.........          X   ..........  ..........          X
KK                            Lead-Acid Battery Manufacturing             X   ..........  ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants          X   ..........  ..........          X
MM                            Automobile and Light Duty Trucks            X   ..........  ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X   ..........  ..........          X
PP                            Ammonium Sulfate Manufacture......          X   ..........  ..........          X
QQ                            Graphic Arts Industry: Publication          X   ..........  ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X   ..........  ..........          X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X   ..........  ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........          X   ..........  ..........          X
UU                            Asphalt Processing and Asphalt              X   ..........  ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X   ..........  ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating                X   ..........  ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......          X   ..........  ..........          X
BBB                           Rubber Tire Manufacturing Industry          X   ..........  ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X   ..........  ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X   ..........  ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X   ..........  ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production                  X   ..........  ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X   ..........  ..........          X
KKK                           Equipment Leaks of VOC From                 X   ..........  ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X   ..........  ..........          X
                               SO2 Emissions.
MMM                           (Reserved)........................
NNN                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X   ..........  ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X   ..........  ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X   ..........  ..........          X
                               Refinery Wastewater Systems.

[[Page 51]]

 
RRR                           Volatile Organic Compound                   X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X   ..........  ..........          X
TTT                           Industrial Surface Coating:
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X   ..........  ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting             X   ..........  ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X   ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (v) Delegations for Modoc County Air Pollution Control District, 
Mojave Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District, and North Coast Unified Air Pollution 
Control District are shown in the following table:

 Delegation Status for New Source Performance Standards for Modoc County Air Pollution Control District, Mojave
  Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, and North Coast
                                     Unified Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                           Monterey      North
                                          Subpart                    Modoc      Mojave        Bay        Coast
                                                                    County      Desert      Unified     Unified
                                                                     APCD        AQMD        APCD        AQMD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................          X   ..........          X           X
D                          Fossil-Fuel Fired Steam Generators             X           X           X           X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating              X   ..........          X           X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional            X   ..........          X           X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................          X           X           X           X
Ea                         Municipal Waste Combustors
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............          X           X           X           X
G                          Nitric Acid Plants...................          X           X           X           X
H                          Sulfuric Acid Plants.................          X           X           X           X
I                          Hot Mix Asphalt Facilities...........          X           X           X           X
J                          Petroleum Refineries.................          X           X           X           X
K                          Storage Vessels for Petroleum Liquids          X           X           X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids          X   ..........          X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage                X   ..........          X           X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............          X           X           X           X
M                          Secondary Brass and Bronze Production          X           X           X           X
                            Plants.
N                          Primary Emissions from Basic Oxygen            X           X           X           X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen          X   ..........          X           X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.

[[Page 52]]

 
O                          Sewage Treatment Plants..............          X           X           X           X
P                          Primary Copper Smelters..............          X   ..........          X           X
Q                          Primary Zinc Smelters................          X   ..........          X           X
R                          Primary Lead Smelters................          X   ..........          X           X
S                          Primary Aluminum Reduction Plants....          X   ..........          X           X
T                          Phosphate Fertilizer Industry: Wet             X           X           X           X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple          X           X           X           X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............          X           X           X           X
Z                          Ferroalloy Production Facilities.....          X   ..........          X           X
AA                         Steel Plants: Electric Arc Furnaces            X           X           X           X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces            X   ..........          X           X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................          X   ..........          X           X
CC                         Glass Manufacturing Plants...........          X   ..........          X           X
DD                         Grain Elevators......................          X   ..........          X           X
EE                         Surface Coating of Metal Furniture...          X   ..........          X           X
FF                         (Reserved)...........................
GG                         Stationary Gas Turbines..............          X   ..........          X           X
HH                         Lime Manufacturing Plants............          X   ..........          X           X
KK                         Lead-Acid Battery Manufacturing                X   ..........          X           X
                            Plants.
LL                         Metallic Mineral Processing Plants...          X   ..........          X           X
MM                         Automobile and Light Duty Trucks               X   ..........          X           X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................          X   ..........          X           X
PP                         Ammonium Sulfate Manufacture.........          X   ..........          X           X
QQ                         Graphic Arts Industry: Publication             X   ..........          X           X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label              X   ..........          X           X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large              X   ..........          X           X
                            Appliances.
TT                         Metal Coil Surface Coating...........          X   ..........          X           X
UU                         Asphalt Processing and Asphalt                 X   ..........          X           X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the                  X   ..........          X           X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
WW                         Beverage Can Surface Coating Industry          X   ..........          X           X
XX                         Bulk Gasoline Terminals..............
AAA                        New Residential Wool Heaters.........          X   ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...          X   ..........          X           X
CCC                        (Reserved)...........................
DDD                        Volatile Organic Compounds (VOC)               X   ..........          X
                            Emissions from the Polymer
                            manufacturing Industry.
EEE                        (Reserved)...........................
FFF                        Flexible Vinyl and Urethane Coating            X   ..........          X           X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum            X   ..........          X           X
                            Refineries.
HHH                        Synthetic Fiber Production Facilities          X   ..........          X           X
III                        Volatile Organic Compound (VOC)
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............          X   ..........          X           X
KKK                        Equipment Leaks of VOC From Onshore            X   ..........          X           X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2            X   ..........          X           X
                            Emissions.
MMM                        (Reserved)...........................
NNN                        Volatile Organic Compound (VOC)                X   ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants          X   ..........          X           X
PPP                        Wool Fiberglass Insulation                     X   ..........          X           X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery          X   ..........          X           X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....          X   ..........          X           X

[[Page 53]]

 
TTT                        Industrial Surface Coating: Surface            X   ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X           X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (vi) Delegations for Northern Sierra Air Quality Management 
District, Northern Sonoma County Air Pollution Control District, Placer 
County Air Pollution Control District, and Sacramento Metropolitan Air 
Quality Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Northern Sierra Air Quality Management District,
    Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, and
                             Sacramento Metropolitan Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air pollution control agency
                                                               -------------------------------------------------
                                                                             Northern
                                         Subpart                 Northern     Sonoma      Placer     Sacramento
                                                                  Sierra      County      County    Metropolitan
                                                                   AQMD        APCD        APCD         AQMD
----------------------------------------------------------------------------------------------------------------
A                         General Provisions..................  ..........          X   ..........           X
D                         Fossil-Fuel Fired Steam Generators    ..........          X   ..........           X
                           Constructed After August 17, 1971.
Da                        Electric Utility Steam Generating     ..........          X   ..........           X
                           Units Constructed After September
                           18, 1978.
Db                        Industrial-Commercial-Institutional   ..........  ..........  ..........           X
                           Steam Generating Units.
Dc                        Small Industrial Steam Generating     ..........  ..........  ..........           X
                           Units.
E                         Incinerators........................  ..........          X   ..........           X
Ea                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After December 20, 1989
                           and On or Before September 20, 1994.
Eb                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After September 20,
                           1994.
Ec                        Hospital/Medical/Infectious Waste     ..........  ..........  ..........           X
                           Incinerators for Which Construction
                           is Commenced After June 20, 1996.
F                         Portland Cement Plants..............  ..........          X   ..........           X
G                         Nitric Acid Plants..................  ..........          X   ..........           X
H                         Sulfuric Acid Plants................  ..........          X   ..........           X
I                         Hot Mix Asphalt Facilities..........  ..........          X   ..........           X
J                         Petroleum Refineries................  ..........          X   ..........           X
K                         Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After June 11, 1973, and
                           Prior to May 19, 1978.
Ka                        Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After May 18, 1978, and
                           Prior to July 23, 1984.
Kb                        Volatile Organic Liquid Storage       ..........  ..........  ..........           X
                           Vessels (Including Petroleum Liquid
                           Storage Vessels) for Which
                           Construction, Reconstruction, or
                           Modification Commenced After July
                           23, 1984.
L                         Secondary Lead Smelters.............  ..........          X   ..........           X
M                         Secondary Brass and Bronze            ..........          X   ..........           X
                           Production Plants.
N                         Primary Emissions from Basic Oxygen   ..........          X   ..........           X
                           Process Furnaces for Which
                           Construction is Commenced After
                           June 11, 1973.
Na                        Secondary Emissions from Basic        ..........  ..........  ..........           X
                           Oxygen Process Steelmaking
                           Facilities for Which Construction
                           is Commenced After January 20, 1983.
O                         Sewage Treatment Plants.............  ..........          X   ..........           X
P                         Primary Copper Smelters.............  ..........          X   ..........           X

[[Page 54]]

 
Q                         Primary Zinc Smelters...............  ..........          X   ..........           X
R                         Primary Lead Smelters...............  ..........          X   ..........           X
S                         Primary Aluminum Reduction Plants...  ..........          X   ..........           X
T                         Phosphate Fertilizer Industry: Wet    ..........          X   ..........           X
                           Process Phosphoric Acid Plants.
U                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Superphosphoric Acid Plants.
V                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Diammonium Phosphate Plants.
W                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Triple Superphosphate Plants.
X                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Granular Triple Superphosphate
                           Storage Facilities.
Y                         Coal Preparation Plants.............  ..........          X   ..........           X
Z                         Ferroalloy Production Facilities....  ..........          X   ..........           X
AA                        Steel Plants: Electric Arc Furnaces   ..........          X   ..........           X
                           Constructed After October 21, 1974
                           and On or Before August 17, 1983.
AAa                       Steel Plants: Electric Arc Furnaces   ..........  ..........  ..........           X
                           and Argon-Oxygen Decarburization
                           Vessels Constructed After August 7,
                           1983.
BB                        Kraft pulp Mills....................  ..........          X   ..........           X
CC                        Glass Manufacturing Plants..........  ..........          X   ..........           X
DD                        Grain Elevators.....................  ..........          X   ..........           X
EE                        Surface Coating of Metal Furniture..  ..........  ..........  ..........           X
FF                        (Reserved)..........................
GG                        Stationary Gas Turbines.............  ..........          X   ..........           X
HH                        Lime Manufacturing Plants...........  ..........          X   ..........           X
KK                        Lead-Acid Battery Manufacturing       ..........  ..........  ..........           X
                           Plants.
LL                        Metallic Mineral Processing Plants..  ..........  ..........  ..........           X
MM                        Automobile and Light Duty Trucks      ..........          X   ..........           X
                           Surface Coating Operations.
NN                        Phosphate Rock Plants...............  ..........  ..........  ..........           X
PP                        Ammonium Sulfate Manufacture........  ..........          X   ..........           X
QQ                        Graphic Arts Industry: Publication    ..........  ..........  ..........           X
                           Rotogravure Printing.
RR                        Pressure Sensitive Tape and Label     ..........  ..........  ..........           X
                           Surface Coating Operations.
SS                        Industrial Surface Coating: Large     ..........  ..........  ..........           X
                           Appliances.
TT                        Metal Coil Surface Coating..........  ..........  ..........  ..........           X
UU                        Asphalt Processing and Asphalt        ..........  ..........  ..........           X
                           Roofing Manufacture.
VV                        Equipment Leaks of VOC in the         ..........  ..........  ..........           X
                           Synthetic Organic Chemicals
                           Manufacturing Industry.
WW                        Beverage Can Surface Coating          ..........  ..........  ..........           X
                           Industry.
XX                        Bulk Gasoline Terminals.............
AAA                       New Residential Wool Heaters........  ..........  ..........  ..........           X
BBB                       Rubber Tire Manufacturing Industry..  ..........  ..........  ..........           X
CCC                       (Reserved)..........................
DDD                       Volatile Organic Compounds (VOC)      ..........  ..........  ..........           X
                           Emissions from the Polymer
                           Manufacturing Industry.
EEE                       (Reserved)..........................
FFF                       Flexible Vinyl and Urethane Coating   ..........  ..........  ..........           X
                           and Printing.
GGG                       Equipment Leaks of VOC in Petroleum   ..........  ..........  ..........           X
                           Refineries.
HHH                       Synthetic Fiber Production            ..........  ..........  ..........           X
                           Facilities.
III                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From the Synthetic
                           Organic Chemical Manufacturing
                           Industry (SOCMI) Air Oxidation Unit
                           Processes.
JJJ                       Petroleum Dry Cleaners..............  ..........  ..........  ..........           X
KKK                       Equipment Leaks of VOC From Onshore   ..........  ..........  ..........           X
                           Natural Gas Processing Plants.
LLL                       Onshore Natural Gas Processing: SO2   ..........  ..........  ..........           X
                           Emissions.
MMM                       (Reserved)..........................
NNN                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From Synthetic Organic
                           Chemical Manufacturing Industry
                           (SOCMI) Distillation Operations.
OOO                       Nonmetallic Mineral Processing        ..........  ..........  ..........           X
                           Plants.
PPP                       Wool Fiberglass Insulation            ..........  ..........  ..........           X
                           Manufacturing Plants.
QQQ                       VOC Emissions From Petroleum          ..........  ..........  ..........           X
                           Refinery Wastewater Systems.
RRR                       Volatile Organic Compound Emissions   ..........  ..........  ..........           X
                           from Synthetic Organic Chemical
                           Manufacturing Industry (SOCMI)
                           Reactor Processes.
SSS                       Magnetic Tape Coating Facilities....  ..........  ..........  ..........           X
TTT                       Industrial Surface Coating: Surface   ..........  ..........  ..........           X
                           Coating of Plastic Parts for
                           Business Machines.

[[Page 55]]

 
UUU                       Calciners and Dryers in Mineral       ..........  ..........  ..........           X
                           Industries.
VVV                       Polymeric Coating of Supporting       ..........  ..........  ..........           X
                           Substrates Facilities.
WWW                       Municipal Solid Waste Landfills.....  ..........  ..........  ..........           X
----------------------------------------------------------------------------------------------------------------

    (vii) Delegations for San Diego County Air Pollution Control 
District, San Joaquin Valley Unified Air Pollution Control District, San 
Luis Obispo County Air Pollution Control District, and Santa Barbara 
County Air Pollution Control District are shown in the following table:

 Delegation Status for New Source Performance Standards for San Diego County Air Pollution Control District, San
  Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District,
                             and Santa Barbara County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air Pollution Control Agency
                                                                 -----------------------------------------------
                                                                                  San
                                            Subpart                San Diego    Joaquin    San Luis      Santa
                                                                    County      Valley      Obispo      Barbara
                                                                     APCD       Unified     County      County
                                                                                 APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-              ..........          X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X           X   ..........          X
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors          ..........          X           X           X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors          ..........  ..........          X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste   ..........  ..........  ..........
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............  ..........          X           X           X
G                             Nitric Acid Plants................  ..........          X           X           X
H                             Sulfuric Acid Plants..............  ..........          X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic        ..........          X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic      ..........          X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........  ..........          X           X           X
Q                             Primary Zinc Smelters.............  ..........          X           X           X

[[Page 56]]

 
R                             Primary Lead Smelters.............  ..........          X           X           X
S                             Primary Aluminum Reduction Plants.  ..........          X           X           X
T                             Phosphate Fertilizer Industry: Wet  ..........          X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:      ..........          X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:      ..........          X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:      ..........          X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:      ..........          X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........  ..........          X           X           X
Z                             Ferroalloy Production Facilities..  ..........          X           X           X
AA                            Steel Plants: Electric Arc          ..........          X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc          ..........          X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................  ..........          X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture  ..........          X           X           X
FF                            (Reserved)........................  ..........  ..........  ..........
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........  ..........          X           X           X
KK                            Lead-Acid Battery Manufacturing     ..........          X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants  ..........          X           X           X
MM                            Automobile and Light Duty Trucks    ..........          X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............  ..........          X           X           X
PP                            Ammonium Sulfate Manufacture......  ..........          X           X           X
QQ                            Graphic Arts Industry: Publication  ..........          X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label   ..........          X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large   ..........          X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........  ..........          X           X           X
UU                            Asphalt Processing and Asphalt      ..........          X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the       ..........          X           X           X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating        ..........          X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........  ..........  ..........  ..........
AAA                           New Residential Wool Heaters......  ..........          X           X           X
BBB                           Rubber Tire Manufacturing Industry  ..........          X           X           X
CCC                           (Reserved)........................  ..........  ..........  ..........
DDD                           Volatile Organic Compounds (VOC)    ..........          X   ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................  ..........  ..........  ..........
FFF                           Flexible Vinyl and Urethane         ..........          X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in           ..........          X           X           X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production          ..........          X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............  ..........          X           X           X
KKK                           Equipment Leaks of VOC From         ..........          X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:     ..........          X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation          ..........          X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum        ..........          X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound           ..........          X           X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..  ..........          X           X           X
TTT                           Industrial Surface Coating:         ..........          X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.

[[Page 57]]

 
UUU                           Calciners and Dryers in Mineral             X           X           X           X
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X           X           X           X
----------------------------------------------------------------------------------------------------------------

    (viii) Delegations for Shasta County Air Quality Management 
District, Siskiyou County Air Pollution Control District, South Coast 
Air Quality Management District, and Tehama County Air Pollution Control 
District are shown in the following table:

    Delegation Status for New Source Performance Standards for Shasta County Air Quality Management District,
 Siskiyou County Air Pollution Control District, South Coast Air Quality Management District, and Tehama County
                                         Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Shasta     Siskiyou                 Tehama
                                                                    County      County       South      County
                                                                     AQMD        APCD     Coast AQMD     APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................          X           X           X
D                          Fossil-Fuel Fired Steam Generators             X   ..........          X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........  ..........          X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........  ..........          X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................          X   ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste      ..........  ..........          X
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............          X   ..........          X
G                          Nitric Acid Plants...................          X   ..........          X
H                          Sulfuric Acid Plants.................          X   ..........          X
I                          Hot Mix Asphalt Facilities...........          X   ..........          X
J                          Petroleum Refineries.................          X   ..........          X
K                          Storage Vessels for Petroleum Liquids          X   ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........  ..........          X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............          X   ..........          X
M                          Secondary Brass and Bronze Production          X   ..........          X
                            Plants.
N                          Primary Emissions from Basic Oxygen            X   ..........          X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........  ..........          X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............          X   ..........          X
P                          Primary Copper Smelters..............          X   ..........          X
Q                          Primary Zinc Smelters................          X   ..........          X
R                          Primary Lead Smelters................          X   ..........          X

[[Page 58]]

 
S                          Primary Aluminum Reduction Plants....          X   ..........          X
T                          Phosphate Fertilizer Industry: Wet             X   ..........          X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple          X   ..........          X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............          X   ..........          X
Z                          Ferroalloy Production Facilities.....          X   ..........          X
 AA                        Steel Plants: Electric Arc Furnaces            X   ..........          X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................          X   ..........          X
CC                         Glass Manufacturing Plants...........  ..........  ..........          X
DD                         Grain Elevators......................          X   ..........          X
EE                         Surface Coating of Metal Furniture...  ..........  ..........          X
FF                         (Reserved)...........................
GG                         Stationary Gas Turbines..............  ..........  ..........          X
HH                         Lime Manufacturing Plants............          X   ..........          X
KK                         Lead-Acid Battery Manufacturing        ..........  ..........          X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........  ..........          X
MM                         Automobile and Light Duty Trucks       ..........  ..........          X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........  ..........          X
PP                         Ammonium Sulfate Manufacture.........  ..........  ..........          X
 QQ                        Graphic Arts Industry: Publication     ..........  ..........          X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........  ..........          X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........  ..........          X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........  ..........          X
UU                         Asphalt Processing and Asphalt         ..........  ..........          X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............
AAA                        New Residential Wool Heaters.........  ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...  ..........          X           X
CCC                        (Reserved)...........................
DDD                        Volatile Organic Compounds (VOC)       ..........  ..........          X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................
FFF                        Flexible Vinyl and Urethane Coating    ..........  ..........          X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries.
HHH                        Synthetic Fiber Production Facilities  ..........  ..........          X
III                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........  ..........          X
KKK                        Equipment Leaks of VOC From Onshore    ..........  ..........          X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2    ..........  ..........          X
                            Emissions.
MMM                        (Reserved)...........................
NNN                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........  ..........          X
PPP                        Wool Fiberglass Insulation             ..........  ..........          X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery  ..........          X           X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions    ..........  ..........          X
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........          X           X
 TTT                       Industrial Surface Coating: Surface    ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........  ..........          X   ..........
----------------------------------------------------------------------------------------------------------------


[[Page 59]]

    (ix) Delegations for Tuolumne County Air Pollution Control District, 
Ventura County Air Pollution Control District, and Yolo-Solano Air 
Quality Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Tuolumne County Air Pollution Control District,
         Ventura County Air Pollution Control District, and Yolo-Solano Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air pollution control agency
                                                              --------------------------------------------------
                                         Subpart               Tuolumne County  Ventura  County    Yolo-Solano
                                                                     APCD             APCD             AQMD
----------------------------------------------------------------------------------------------------------------
A                           General Provisions...............  ...............               X                X
D                           Fossil-Fuel Fired Steam            ...............               X                X
                             Generators Constructed After
                             August 17, 1971.
Da                          Electric Utility Steam Generating  ...............               X
                             Units Constructed After
                             September 18, 1978.
Db                          Industrial-Commercial-             ...............               X                X
                             Institutional Steam Generating
                             Units.
Dc                          Small Industrial Steam Generating  ...............               X
                             Units.
E                           Incinerators.....................  ...............               X
Ea                          Municipal Waste Combustors         ...............               X
                             Constructed After December 20,
                             1989 and On or Before September
                             20, 1994.
Eb                          Municipal Waste Combustors
                             Constructed After September 20,
                             1994.
Ec                          Hospital/Medical/Infectious Waste
                             Incinerators for Which
                             Construction is Commenced After
                             June 20, 1996.
F                           Portland Cement Plants...........  ...............               X
G                           Nitric Acid Plants...............  ...............               X
H                           Sulfuric Acid Plants.............  ...............               X
I                           Hot Mix Asphalt Facilities.......  ...............               X                X
J                           Petroleum Refineries.............  ...............               X                X
K                           Storage Vessels for Petroleum      ...............               X                X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After June 11, 1973,
                             and Prior to May 19, 1978.
Ka                          Storage Vessels for Petroleum      ...............               X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After May 18, 1978,
                             and Prior to July 23, 1984.
Kb                          Volatile Organic Liquid Storage    ...............               X
                             Vessels (Including Petroleum
                             Liquid Storage Vessels) for
                             Which Construction,
                             Reconstruction, or Modification
                             Commenced After July 23, 1984.
L                           Secondary Lead Smelters..........  ...............               X
M                           Secondary Brass and Bronze         ...............               X
                             Production Plants.
N                           Primary Emissions from Basic       ...............               X
                             Oxygen Process Furnaces for
                             Which Construction is Commenced
                             After June 11, 1973.
Na                          Secondary Emissions from Basic     ...............               X
                             Oxygen Process Steelmaking
                             Facilities for Which
                             Construction is Commenced After
                             January 20, 1983.
O                           Sewage Treatment Plants..........  ...............               X
P                           Primary Copper Smelters..........  ...............               X
Q                           Primary Zinc Smelters............  ...............               X
R                           Primary Lead Smelters............  ...............               X
S                           Primary Aluminum Reduction Plants  ...............               X
T                           Phosphate Fertilizer Industry:     ...............               X
                             Wet Process Phosphoric Acid
                             Plants.
U                           Phosphate Fertilizer Industry:     ...............               X
                             Superphosphoric Acid Plants.
V                           Phosphate Fertilizer Industry:     ...............               X
                             Diammonium Phosphate Plants.
W                           Phosphate Fertilizer Industry:     ...............               X
                             Triple Superphosphate Plants.
X                           Phosphate Fertilizer Industry:     ...............               X
                             Granular Triple Superphosphate
                             Storage Facilities.
Y                           Coal Preparation Plants..........  ...............               X
Z                           Ferroalloy Production Facilities.  ...............               X
AA                          Steel Plants: Electric Arc         ...............               X                X
                             Furnaces Constructed After
                             October 21, 1974 and On or
                             Before August 17, 1983.
AAa                         Steel Plants: Electric Arc         ...............               X
                             Furnaces and Argon-Oxygen
                             Decarburization Vessels
                             Constructed After August 7, 1983.
BB                          Kraft pulp Mills.................  ...............               X
CC                          Glass Manufacturing Plants.......  ...............               X
DD                          Grain Elevators..................  ...............               X
EE                          Surface Coating of Metal           ...............               X
                             Furniture.
FF                          (Reserved).......................
GG                          Stationary Gas Turbines..........  ...............               X
HH                          Lime Manufacturing Plants........  ...............               X
KK                          Lead-Acid Battery Manufacturing    ...............               X
                             Plants.
LL                          Metallic Mineral Processing        ...............               X
                             Plants.

[[Page 60]]

 
MM                          Automobile and Light Duty Trucks   ...............               X
                             Surface Coating Operations.
NN                          Phosphate Rock Plants............  ...............               X
PP                          Ammonium Sulfate Manufacture.....  ...............               X
QQ                          Graphic Arts Industry:             ...............               X
                             Publication Rotogravure Printing.
RR                          Pressure Sensitive Tape and Label  ...............               X
                             Surface Coating Operations.
SS                          Industrial Surface Coating: Large  ...............               X
                             Appliances.
TT                          Metal Coil Surface Coating.......  ...............               X
UU                          Asphalt Processing and Asphalt     ...............               X
                             Roofing Manufacture.
VV                          Equipment Leaks of VOC in the      ...............               X
                             Synthetic Organic Chemicals
                             Manufacturing Industry.
WW                          Beverage Can Surface Coating       ...............               X
                             Industry.
XX                          Bulk Gasoline Terminals..........
AAA                         New Residential Wool Heaters.....  ...............               X
BBB                         Rubber Tire Manufacturing          ...............               X
                             Industry.
CCC                         (Reserved).......................
DDD                         Volatile Organic Compounds (VOC)   ...............               X
                             Emissions from the Polymer
                             Manufacturing Industry.
EEE                         (Reserved).......................
FFF                         Flexible Vinyl and Urethane        ...............               X
                             Coating and Printing.
GGG                         Equipment Leaks of VOC in          ...............               X
                             Petroleum Refineries.
HHH                         Synthetic Fiber Production         ...............               X
                             Facilities.
III                         Volatile Organic Compound (VOC)    ...............               X
                             Emissions From the Synthetic
                             Organic Chemical Manufacturing
                             Industry (SOCMI) Air Oxidation
                             Unit Processes.
JJJ                         Petroleum Dry Cleaners...........  ...............               X
KKK                         Equipment Leaks of VOC From        ...............               X
                             Onshore Natural Gas Processing
                             Plants.
LLL                         Onshore Natural Gas Processing:    ...............               X
                             SO2 Emissions.
MMM                         (Reserved).......................
NNN                         Volatile Organic Compound (VOC)    ...............               X
                             Emissions From Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Distillation Operations.
OOO                         Nonmetallic Mineral Processing     ...............               X                X
                             Plants.
PPP                         Wool Fiberglass Insulation         ...............               X
                             Manufacturing Plants.
QQQ                         VOC Emissions From Petroleum       ...............               X
                             Refinery Wastewater Systems.
RRR                         Volatile Organic Compound          ...............               X
                             Emissions from Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Reactor Processes.
SSS                         Magnetic Tape Coating Facilities.  ...............               X
TTT                         Industrial Surface Coating:        ...............               X
                             Surface Coating of Plastic Parts
                             for Business Machines.
UUU                         Calciners and Dryers in Mineral    ...............               X
                             Industries.
VVV                         Polymeric Coating of Supporting    ...............               X
                             Substrates Facilities.
WWW                         Municipal Solid Waste Landfills..  ...............               X                X
----------------------------------------------------------------------------------------------------------------

    (3) Hawaii. The following table identifies delegations as of October 
21, 2004:

    Delegation Status for New Source Performance Standards for Hawaii
------------------------------------------------------------------------
                                    Subpart                   Hawaii
------------------------------------------------------------------------
A                      General Provisions..............               X
D                      Fossil-Fuel Fired Steam                        X
                        Generators Constructed After
                        August 17, 1971.
Da                     Electric Utility Steam                         X
                        Generating Units Constructed
                        After September 18, 1978.
Db                     Industrial-Commercial-                         X
                        Institutional Steam Generating
                        Units.
Dc                     Small Industrial Steam                         X
                        Generating Units.
E                      Incinerators....................               X
Ea                     Municipal Waste Combustors                     X
                        Constructed After December 20,
                        1989 and On or Before September
                        20, 1994.
Eb                     Municipal Waste Combustors                     X
                        Constructed After September 20,
                        1994.
Ec                     Hospital/Medical/Infectious                    X
                        Waste Incinerators for Which
                        Construction is Commenced After
                        June 20, 19.
F                      Portland Cement Plants..........               X
G                      Nitric Acid Plants..............

[[Page 61]]

 
H                      Sulfuric Acid Plants............
I                      Hot Mix Asphalt Facilities......               X
J                      Petroleum Refineries............               X
Ka                     Storage Vessels for Petroleum                  X
                        Liquids for Which Construction,
                        Reconstruction, or Modification
                        Commenced After May 18, 1978,
                        and Prior to July 23, 1984.
Kb                     Volatile Organic Liquid Storage                X
                        Vessels (Including Petroleum
                        Liquid Storage Vessels) for
                        Which Construction,
                        Reconstruction, or Modification
                        Commenced After July 23, 1984.
L                      Secondary Lead Smelters.........
M                      Secondary Brass and Bronze
                        Production Plants.
N                      Primary Emissions from Basic
                        Oxygen Process Furnaces for
                        Which Construction is Commenced
                        After June 11, 1973.
Na                     Secondary Emissions from Basic
                        Oxygen Process Steelmaking
                        Facilities for Which
                        Construction is Commenced After
                        January 20, 1983.
O                      Sewage Treatment Plants.........               X
P                      Primary Copper Smelters.........
Q                      Primary Zinc Smelters...........
R                      Primary Lead Smelters...........
S                      Primary Aluminum Reduction
                        Plants.
T                      Phosphate Fertilizer Industry:
                        Wet Process Phosphoric Acid
                        Plants.
U                      Phosphate Fertilizer Industry:
                        Superphosphoric Acid Plants.
V                      Phosphate Fertilizer Industry:
                        Diammonium Phosphate Plants.
W                      Phosphate Fertilizer Industry:
                        Triple Superphosphate Plants.
X                      Phosphate Fertilizer Industry:
                        Granular Triple Superphosphate
                        Storage Facilities.
Y                      Coal Preparation Plants.........               X
Z                      Ferroalloy Production Facilities
AA                     Steel Plants: Electric Arc                     X
                        Furnaces Constructed After
                        October 21, 1974 and On or
                        Before August 17, 1983.
AAa                    Steel Plants: Electric Arc                     X
                        Furnaces and Argon-Oxygen
                        Decarburization Vessels
                        Constructed After August 7,
                        1983.
BB                     Kraft pulp Mills................
CC                     Glass Manufacturing Plants......
DD                     Grain Elevators.................
EE                     Surface Coating of Metal
                        Furniture.
FF                     (Reserved)......................
GG                     Stationary Gas Turbines.........               X
HH                     Lime Manufacturing Plants.......
KK                     Lead-Acid Battery Manufacturing
                        Plants.
LL                     Metallic Mineral Processing
                        Plants.
MM                     Automobile and Light Duty Trucks
                        Surface Coating Operations.
NN                     Phosphate Rock Plants...........
PP                     Ammonium Sulfate Manufacture....
QQ                     Graphic Arts Industry:
                        Publication Rotogravure
                        Printing.
RR                     Pressure Sensitive Tape and
                        Label Surface Coating
                        Operations.
SS                     Industrial Surface Coating:
                        Large Appliances.
TT                     Metal Coil Surface Coating......
UU                     Asphalt Processing and Asphalt
                        Roofing Manufacture.
VV                     Equipment Leaks of VOC in the                  X
                        Synthetic Organic Chemicals
                        Manufacturing Industry.
WW                     Beverage Can Surface Coating                   X
                        Industry.
XX                     Bulk Gasoline Terminals.........               X
AAA                    New Residential Wool Heaters....
BBB                    Rubber Tire Manufacturing
                        Industry.
CCC                    (Reserved)......................
DDD                    Volatile Organic Compounds (VOC)
                        Emissions from the Polymer
                        Manufacturing Industry.
EEE                    (Reserved)......................
FFF                    Flexible Vinyl and Urethane
                        Coating and Printing.
GGG                    Equipment Leaks of VOC in                      X
                        Petroleum Refineries.
HHH                    Synthetic Fiber Production
                        Facilities.
III                    Volatile Organic Compound (VOC)
                        Emissions From the Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Air Oxidation
                        Unit Processes.
JJJ                    Petroleum Dry Cleaners..........               X
KKK                    Equipment Leaks of VOC From
                        Onshore Natural Gas Processing
                        Plants.
LLL                    Onshore Natural Gas Processing:
                        SO2 Emissions.
MMM                    (Reserved)......................
NNN                    Volatile Organic Compound (VOC)                X
                        Emissions From Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Distillation
                        Operations.
OOO                    Nonmetallic Mineral Processing                 X
                        Plants.
PPP                    Wool Fiberglass Insulation
                        Manufacturing Plants.
QQQ                    VOC Emissions From Petroleum                   X
                        Refinery Wastewater.
RRR                    Volatile Organic Compound
                        Emissions from Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Reactor
                        Processes.
SSS                    Magnetic Tape Facilities........
TTT                    Industrial Surface Coating:
                        Surface Coating of Plastic
                        Parts for Business Machines.

[[Page 62]]

 
UUU                    Calciners and Dryers in Mineral                X
                        Industries.
VVV                    Polymeric Coating of Supporting                X
                        Substrates Facilities.
WWW                    Municipal Solid Waste Landfills.
AAAA                   Small MunIcipal Waste Combudtion               X
                        Units for Which Construction is
                        Commenced After August 30, 1999
                        or for Which Modification or
                        Reconstruction is Commenced
                        After June 6, 2001.
CCCC                   Commercial and Industrial Solid                X
                        Waste Incineration Units for
                        Which Construction Is Commenced
                        After November 30, 199 or for
                        Which Modification or
                        Reconstruction Is Commenced on
                        or After June 1, 2001.
------------------------------------------------------------------------

    (4) Nevada. The following table identifies delegations as of October 
21, 2004:

    Delegation Status for New Source Performance Standards for Nevada
------------------------------------------------------------------------
                                         Air Pollution Control Agency
                                     -----------------------------------
                     Subpart                         Clark      Washoe
                                      Nevada DEP    County      County
------------------------------------------------------------------------
A            General Provisions.....          X           X           X
D            Fossil-Fuel Fired Steam          X           X           X
              Generators Constructed
              After August 17, 1971.
Da           Electric Utility Steam           X   ..........
              Generating Units
              Constructed After
              September 18, 1978.
Db           Industrial-Commercial-   ..........  ..........
              Institutional Steam
              Generating Units.
Dc           Small Industrial Steam   ..........  ..........
              Generating Units.
E            Incinerators...........          X           X           X
Ea           Municipal Waste          ..........  ..........
              Combustors Constructed
              After December 20,
              1989 and On or Before
              September 20, 1994.
Eb           Municipal Waste          ..........  ..........
              Combustors Constructed
              After September 20,
              1994.
Ec           Hospital/Medical/        ..........  ..........
              Infectious Waste
              Incinerators for Which
              Construction is
              Commenced After June
              20, 1996.
F            Portland Cement Plants.          X           X           X
G            Nitric Acid Plants.....          X   ..........          X
H            Sulfuric Acid Plants...          X   ..........          X
I            Hot Mix Asphalt                  X           X           X
              Facilities.
J            Petroleum Refineries...          X   ..........          X
K            Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After June 11, 1973,
              and Prior to May 19,
              1978.
Ka           Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After May 18, 1978,
              and Prior to July 23,
              1984.
Kb           Volatile Organic Liquid          X   ..........
              Storage Vessels
              (Including X Petroleum
              Liquid Storage
              Vessels) for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After July 23, 1984.
L            Secondary Lead Smelters          X           X           X
M            0Secondary Brass and             X   ..........          X
              Bronze Production
              Plants.
N            Primary Emissions from           X   ..........          X
              Basic Oxygen Process
              Furnaces for Which
              Construction is
              Commenced After June
              11, 1973.
Na           Secondary Emissions              X   ..........
              from Basic Oxygen
              Process Steelmaking
              Facilities for Which
              Construction is
              Commenced After
              January 20, 1983.
O            Sewage Treatment Plants          X           X           X
P            Primary Copper Smelters          X           X           X
Q            Primary Zinc Smelters..          X           X           X
R            Primary Lead Smelters..          X           X           X
S            Primary Aluminum                 X   ..........          X
              Reduction Plants.
T            Phosphate Fertilizer             X   ..........          X
              Industry: Wet Process
              Phosphoric Acid Plants.
U            Phosphate Fertilizer             X   ..........          X
              Industry:
              Superphosphoric Acid
              Plants.
V            Phosphate Fertilizer             X   ..........          X
              Industry: Diammonium
              Phosphate Plants.
W            Phosphate Fertilizer             X   ..........          X
              Industry: Triple
              Superphosphate Plants.
X            Phosphate Fertilizer             X   ..........          X
              Industry: Granular
              Triple Superphosphate
              Storage Facilities.
Y            Coal Preparation Plants          X           X           X
Z            Ferroalloy Production            X   ..........          X
              Facilities.
AA           Steel Plants: Electric           X   ..........          X
              Arc Furnaces
              Constructed After
              October 21, 1974 and
              On or Before August
              17, 1983.
AAa          Steel Plants: Electric           X   ..........
              Arc Furnaces and Argon-
              Oxygen Decarburization
              Vessels Constructed
              After August 7, 1983.
BB           Kraft pulp Mills.......          X   ..........          X
CC           Glass Manufacturing              X   ..........          X
              Plants.
DD           Grain Elevators........          X           X           X
EE           Surface Coating of               X           X           X
              Metal Furniture.
FF           (Reserved).............  ..........  ..........

[[Page 63]]

 
GG           Stationary Gas Turbines          X           X           X
HH           Lime Manufacturing               X           X           X
              Plants.
KK           Lead-Acid Battery                X           X           X
              Manufacturing Plants.
LL           Metallic Mineral                 X           X           X
              Processing Plants.
MM           Automobile and Light             X           X           X
              Duty Trucks Surface
              Coating Operations.
NN           Phosphate Rock Plants..          X           X           X
PP           Ammonium Sulfate                 X   ..........          X
              Manufacture.
QQ           Graphic Arts Industry:           X           X           X
              Publication
              Rotogravure Printing.
RR           Pressure Sensitive Tape          X   ..........          X
              and Label Surface
              Coating Operations.
SS           Industrial Surface               X           X           X
              Coating: Large
              Appliances.
TT           Metal Coil Surface               X           X           X
              Coating.
UU           Asphalt Processing and           X           X           X
              Asphalt Roofing
              Manufacture.
VV           Equipment Leaks of VOC           X           X           X
              in the Synthetic
              Organic Chemicals
              Manufacturing Industry.
WW           Beverage Can Surface             X   ..........          X
              Coating Industry.
XX           Bulk Gasoline Terminals          X   ..........          X
AAA          New Residential Wool     ..........  ..........
              Heaters.
BBB          Rubber Tire              ..........  ..........
              Manufacturing Industry.
CCC          (Reserved).............  ..........  ..........
DDD          Volatile Organic         ..........  ..........
              Compounds (VOC)
              Emissions from the
              Polymer Manufacturing
              Industry.
EEE          (Reserved).............  ..........  ..........
FFF          Flexible Vinyl and               X   ..........          X
              Urethane Coating and
              Printing.
GGG          Equipment Leaks of VOC           X   ..........          X
              in Petroleum
              Refineries.
HHH          Synthetic Fiber                  X   ..........          X
              Production Facilities.
III          Volatile Organic         ..........  ..........
              Compound (VOC)
              Emissions From the
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI) Air
              Oxidation Unit
              Processes.
JJJ          Petroleum Dry Cleaners.          X           X           X
KKK          Equipment Leaks of VOC           X   ..........
              From Onshore Natural
              Gas Processing Plants.
LLL          Onshore Natural Gas      ..........  ..........
              Processing: SO2
              Emissions.
MMM          (Reserved).............  ..........  ..........
NNN          Volatile Organic         ..........  ..........
              Compound (VOC)
              Emissions From
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Distillation
              Operations.
OOO          Nonmetallic Mineral              X   ..........          X
              Processing Plants.
PPP          Wool Fiberglass                  X   ..........          X
              Insulation
              Manufacturing Plants.
QQQ          VOC Emissions From       ..........  ..........
              Petroleum Refinery
              Wastewater Systems.
RRR          Volatile Organic         ..........  ..........
              Compound Emissions
              from Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Reactor Processes.
SSS          Magnetic Tape Coating    ..........  ..........
              Facilities.
TTT          Industrial Surface       ..........  ..........
              Coating: Surface
              Coating of Plastic
              Parts for Business
              Machines.
UUU          Calciners and Dryers in  ..........  ..........
              Mineral Industries.
VVV          Polymeric Coating of     ..........  ..........
              Supporting Substrates
              Facilities.
WWW          Municipal Solid Waste    ..........  ..........  ..........
              Landfills.
------------------------------------------------------------------------

    (5) Guam. The following table identifies delegations as of June 15, 
2001:

                         Delegation Status for New Source Performance Standards for Guam
----------------------------------------------------------------------------------------------------------------
                                    Subpart                                        Guam
----------------------------------------------------------------------------------------------------------------
A                     General Provisions................                                                       X
D                     Fossil-Fuel Fired Steam Generators                                                       X
                       Constructed After August 17, 1971.
Da                    Electric Utility Steam Generating
                       Units Constructed After September
                       18, 1978.
Db                    Industrial-Commercial-
                       Institutional Steam Generating
                       Units.
Dc                    Small Industrial Steam Generating
                       Units.
E                     Incinerators......................
Ea                    Municipal Waste Combustors
                       Constructed After December 20,
                       1989 and On or Before September
                       20, 1994.
Eb                    Municipal Waste Combustors
                       Constructed After September 20,
                       1994.

[[Page 64]]

 
Ec                    Hospital/Medical/Infectious Waste
                       Incinerators for Which
                       Construction is Commenced After
                       June 20, 1996.
F                     Portland Cement Plants............                                                       X
G                     Nitric Acid Plants................
H                     Sulfuric Acid Plants..............
I                     Hot Mix Asphalt Facilities........                                                       X
J                     Petroleum Refineries..............                                                       X
K                     Storage Vessels for Petroleum                                                            X
                       Liquids for Which Construction,
                       Reconstruction, or Modification
                       Commenced After June 11, 1973,
                       and Prior to May 19, 1978.
----------------------------------------------------------------------------------------------------------------

    (e) The following lists the specific part 60 standards that have 
been delegated unchanged to the air pollution control agencies in Region 
6.
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by EPA, except subpart AAA--
Standards of Performance for New Residential Wood Heaters, as amended in 
the Federal Register through September 1, 2002.
    (2) Louisiana. The Louisiana Department of Environmental Quality has 
been delegated all part 60 standards promulgated by EPA, except subpart 
AAA--Standards of Performance for New Residential Wood Heaters, as 
amended in the Federal Register through July 1, 2002.
    (3) Albuquerque-Bernalillo County Air Quality Control Board. The 
Albuquerque-Bernalillo County Air Quality Control Board has been 
delegated all Part 60 standards promulgated by EPA, except Subpart AAA--
Standards of Performance for New Residential Wood Heaters; Subpart WWW--
Standards of Performance for Municipal Solid Waste Landfills; Subpart 
Cc--Emissions Guidelines and Compliance Times for Municipal Solid Waste 
Landfills, as amended in the Federal Register through July 1, 2004.

[40 FR 18169, Apr. 25, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 60.4 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 60.5  Determination of construction or modification.

    (a) When requested to do so by an owner or operator, the 
Administrator will make a determination of whether action taken or 
intended to be taken by such owner or operator constitutes construction 
(including reconstruction) or modification or the commencement thereof 
within the meaning of this part.
    (b) The Administrator will respond to any request for a 
determination under paragraph (a) of this section within 30 days of 
receipt of such request.

[40 FR 58418, Dec. 16, 1975]



Sec. 60.6  Review of plans.

    (a) When requested to do so by an owner or operator, the 
Administrator will review plans for construction or modification for the 
purpose of providing technical advice to the owner or operator.
    (b)(1) A separate request shall be submitted for each construction 
or modification project.
    (2) Each request shall identify the location of such project, and be 
accompanied by technical information describing the proposed nature, 
size, design, and method of operation of each affected facility involved 
in such project, including information on any equipment to be used for 
measurement or control of emissions.
    (c) Neither a request for plans review nor advice furnished by the 
Administrator in response to such request shall (1) relieve an owner or 
operator of legal responsibility for compliance with any provision of 
this part or of any applicable State or local requirement, or (2) 
prevent the Administrator from implementing or enforcing any provision 
of this part or taking any other action authorized by the Act.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974]

[[Page 65]]



Sec. 60.7  Notification and record keeping.

    (a) Any owner or operator subject to the provisions of this part 
shall furnish the Administrator written notification or, if acceptable 
to both the Administrator and the owner or operator of a source, 
electronic notification, as follows:
    (1) A notification of the date construction (or reconstruction as 
defined under Sec. 60.15) of an affected facility is commenced 
postmarked no later than 30 days after such date. This requirement shall 
not apply in the case of mass-produced facilities which are purchased in 
completed form.
    (2) [Reserved]
    (3) A notification of the actual date of initial startup of an 
affected facility postmarked within 15 days after such date.
    (4) A notification of any physical or operational change to an 
existing facility which may increase the emission rate of any air 
pollutant to which a standard applies, unless that change is 
specifically exempted under an applicable subpart or in Sec. 60.14(e). 
This notice shall be postmarked 60 days or as soon as practicable before 
the change is commenced and shall include information describing the 
precise nature of the change, present and proposed emission control 
systems, productive capacity of the facility before and after the 
change, and the expected completion date of the change. The 
Administrator may request additional relevant information subsequent to 
this notice.
    (5) A notification of the date upon which demonstration of the 
continuous monitoring system performance commences in accordance with 
Sec. 60.13(c). Notification shall be postmarked not less than 30 days 
prior to such date.
    (6) A notification of the anticipated date for conducting the 
opacity observations required by Sec. 60.11(e)(1) of this part. The 
notification shall also include, if appropriate, a request for the 
Administrator to provide a visible emissions reader during a performance 
test. The notification shall be postmarked not less than 30 days prior 
to such date.
    (7) A notification that continuous opacity monitoring system data 
results will be used to determine compliance with the applicable opacity 
standard during a performance test required by Sec. 60.8 in lieu of 
Method 9 observation data as allowed by Sec. 60.11(e)(5) of this part. 
This notification shall be postmarked not less than 30 days prior to the 
date of the performance test.
    (b) Any owner or operator subject to the provisions of this part 
shall maintain records of the occurrence and duration of any startup, 
shutdown, or malfunction in the operation of an affected facility; any 
malfunction of the air pollution control equipment; or any periods 
during which a continuous monitoring system or monitoring device is 
inoperative.
    (c) Each owner or operator required to install a continuous 
monitoring device shall submit excess emissions and monitoring systems 
performance report (excess emissions are defined in applicable subparts) 
and-or summary report form (see paragraph (d) of this section) to the 
Administrator semiannually, except when: more frequent reporting is 
specifically required by an applicable subpart; or the Administrator, on 
a case-by-case basis, determines that more frequent reporting is 
necessary to accurately assess the compliance status of the source. All 
reports shall be postmarked by the 30th day following the end of each 
six-month period. Written reports of excess emissions shall include the 
following information:
    (1) The magnitude of excess emissions computed in accordance with 
Sec. 60.13(h), any conversion factor(s) used, and the date and time of 
commencement and completion of each time period of excess emissions. The 
process operating time during the reporting period.
    (2) Specific identification of each period of excess emissions that 
occurs during startups, shutdowns, and malfunctions of the affected 
facility. The nature and cause of any malfunction (if known), the 
corrective action taken or preventative measures adopted.
    (3) The date and time identifying each period during which the 
continuous monitoring system was inoperative except for zero and span 
checks and the nature of the system repairs or adjustments.
    (4) When no excess emissions have occurred or the continuous 
monitoring

[[Page 66]]

system(s) have not been inoperative, repaired, or adjusted, such 
information shall be stated in the report.
    (d) The summary report form shall contain the information and be in 
the format shown in figure 1 unless otherwise specified by the 
Administrator. One summary report form shall be submitted for each 
pollutant monitored at each affected facility.
    (1) If the total duration of excess emissions for the reporting 
period is less than 1 percent of the total operating time for the 
reporting period and CMS downtime for the reporting period is less than 
5 percent of the total operating time for the reporting period, only the 
summary report form shall be submitted and the excess emission report 
described in Sec. 60.7(c) need not be submitted unless requested by the 
Administrator.
    (2) If the total duration of excess emissions for the reporting 
period is 1 percent or greater of the total operating time for the 
reporting period or the total CMS downtime for the reporting period is 5 
percent or greater of the total operating time for the reporting period, 
the summary report form and the excess emission report described in 
Sec. 60.7(c) shall both be submitted.

   Figure 1--Summary Report--Gaseous and Opacity Excess Emission and 
                      Monitoring System Performance

Pollutant (Circle One--SO2/NOX/TRS/H2S/
CO/Opacity)
Reporting period dates: From ---------- to ----------
Company:
Emission Limitation_____________________________________________________
Address:
Monitor Manufacturer and Model No.______________________________________
Date of Latest CMS Certification or Audit_______________________________
Process Unit(s) Description:
Total source operating time in reporting period \1\_____________________

------------------------------------------------------------------------
                                            CMS performance
  Emission data summary \1\                   summary \1\
------------------------------------------------------------------------
1. Duration of excess          ........  1. CMS downtime in
 emissions in reporting                   reporting period due
 period due to:                           to:
  a. Startup/shutdown........  ........   a. Monitor equipment
                                          malfunctions.
  b. Control equipment         ........   b. Non-Monitor
   problems.                              equipment
                                          malfunctions.
  c. Process problems........  ........   c. Quality assurance
                                          calibration.
  d. Other known causes......  ........   d. Other known
                                          causes.
  e. Unknown causes..........  ........   e. Unknown causes...
2. Total duration of excess    ........  2. Total CMS Downtime
 emission.
3. Total duration of excess       % \2\  3. [Total CMS             % \2\
 emissions x (100) [Total                 Downtime] x (100)
 source operating time].                  [Total source
                                          operating time].
------------------------------------------------------------------------
\1\ For opacity, record all times in minutes. For gases, record all
  times in hours.
\2\ For the reporting period: If the total duration of excess emissions
  is 1 percent or greater of the total operating time or the total CMS
  downtime is 5 percent or greater of the total operating time, both the
  summary report form and the excess emission report described in Sec.
  60.7(c) shall be submitted.

    On a separate page, describe any changes since last quarter in CMS, 
process or controls. I certify that the information contained in this 
report is true, accurate, and complete.

________________________________________________________________________
Name

________________________________________________________________________
Signature

________________________________________________________________________
Title

________________________________________________________________________
Date

    (e)(1) Notwithstanding the frequency of reporting requirements 
specified in paragraph (c) of this section, an owner or operator who is 
required by an applicable subpart to submit excess emissions and 
monitoring systems performance reports (and summary reports) on a 
quarterly (or more frequent) basis may reduce the frequency of reporting 
for that standard to semiannual if the following conditions are met:
    (i) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected facility's excess emissions and monitoring systems 
reports submitted to comply with a standard under this part continually 
demonstrate that the facility is in compliance with the applicable 
standard;
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
the applicable standard; and
    (iii) The Administrator does not object to a reduced frequency of 
reporting

[[Page 67]]

for the affected facility, as provided in paragraph (e)(2) of this 
section.
    (2) The frequency of reporting of excess emissions and monitoring 
systems performance (and summary) reports may be reduced only after the 
owner or operator notifies the Administrator in writing of his or her 
intention to make such a change and the Administrator does not object to 
the intended change. In deciding whether to approve a reduced frequency 
of reporting, the Administrator may review information concerning the 
source's entire previous performance history during the required 
recordkeeping period prior to the intended change, including performance 
test results, monitoring data, and evaluations of an owner or operator's 
conformance with operation and maintenance requirements. Such 
information may be used by the Administrator to make a judgment about 
the source's potential for noncompliance in the future. If the 
Administrator disapproves the owner or operator's request to reduce the 
frequency of reporting, the Administrator will notify the owner or 
operator in writing within 45 days after receiving notice of the owner 
or operator's intention. The notification from the Administrator to the 
owner or operator will specify the grounds on which the disapproval is 
based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (3) As soon as monitoring data indicate that the affected facility 
is not in compliance with any emission limitation or operating parameter 
specified in the applicable standard, the frequency of reporting shall 
revert to the frequency specified in the applicable standard, and the 
owner or operator shall submit an excess emissions and monitoring 
systems performance report (and summary report, if required) at the next 
appropriate reporting period following the noncomplying event. After 
demonstrating compliance with the applicable standard for another full 
year, the owner or operator may again request approval from the 
Administrator to reduce the frequency of reporting for that standard as 
provided for in paragraphs (e)(1) and (e)(2) of this section.
    (f) Any owner or operator subject to the provisions of this part 
shall maintain a file of all measurements, including continuous 
monitoring system, monitoring device, and performance testing 
measurements; all continuous monitoring system performance evaluations; 
all continuous monitoring system or monitoring device calibration 
checks; adjustments and maintenance performed on these systems or 
devices; and all other information required by this part recorded in a 
permanent form suitable for inspection. The file shall be retained for 
at least two years following the date of such measurements, maintenance, 
reports, and records, except as follows:
    (1) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (f) of this section, the owner or operator 
shall retain the most recent consecutive three averaging periods of 
subhourly measurements and a file that contains a hard copy of the data 
acquisition system algorithm used to reduce the measured data into the 
reportable form of the standard.
    (2) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (f) of this section, the owner or operator shall retain all 
subhourly measurements for the most recent reporting period. The 
subhourly measurements shall be retained for 120 days from the date of 
the most recent summary or excess emission report submitted to the 
Administrator.

[[Page 68]]

    (3) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (f) of this section, if the 
Administrator or the delegated authority determines these records are 
required to more accurately assess the compliance status of the affected 
source.
    (g) If notification substantially similar to that in paragraph (a) 
of this section is required by any other State or local agency, sending 
the Administrator a copy of that notification will satisfy the 
requirements of paragraph (a) of this section.
    (h) Individual subparts of this part may include specific provisions 
which clarify or make inapplicable the provisions set forth in this 
section.

[36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40 
FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR 
51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, 
1994; 64 FR 7463, Feb. 12, 1999]



Sec. 60.8  Performance tests.

    (a) Except as specified in paragraphs (a)(1),(a)(2), (a)(3), and 
(a)(4) of this section, within 60 days after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup of such facility, or at such 
other times specified by this part, and at such other times as may be 
required by the Administrator under section 114 of the Act, the owner or 
operator of such facility shall conduct performance test(s) and furnish 
the Administrator a written report of the results of such performance 
test(s).
    (1) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure, the owner or operator shall notify the Administrator, in 
writing as soon as practicable following the date the owner or operator 
first knew, or through due diligence should have known that the event 
may cause or caused a delay in testing beyond the regulatory deadline, 
but the notification must occur before the performance test deadline 
unless the initial force majeure or a subsequent force majeure event 
delays the notice, and in such cases, the notification shall occur as 
soon as practicable.
    (2) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the delay in testing beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which the owner or operator proposes 
to conduct the performance test. The performance test shall be conducted 
as soon as practicable after the force majeure occurs.
    (3) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (4) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (a)(1), (2), and (3) of 
this section, the owner or operator of the affected facility remains 
strictly subject to the requirements of this part.
    (b) Performance tests shall be conducted and data reduced in 
accordance with the test methods and procedures contained in each 
applicable subpart unless the Administrator (1) specifies or approves, 
in specific cases, the use of a reference method with minor changes in 
methodology, (2) approves the use of an equivalent method, (3) approves 
the use of an alternative method the results of which he has determined 
to be adequate for indicating whether a specific source is in 
compliance, (4) waives the requirement for performance tests because the 
owner or operator of a source has demonstrated by other means to the 
Administrator's satisfaction that the affected facility is in compliance 
with the standard, or (5) approves shorter sampling times and smaller 
sample volumes when necessitated by process variables or other factors. 
Nothing in this paragraph shall be construed to abrogate the 
Administrator's authority to require testing under section 114 of the 
Act.

[[Page 69]]

    (c) Performance tests shall be conducted under such conditions as 
the Administrator shall specify to the plant operator based on 
representative performance of the affected facility. The owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test nor shall emissions in excess of the level of the 
applicable emission limit during periods of startup, shutdown, and 
malfunction be considered a violation of the applicable emission limit 
unless otherwise specified in the applicable standard.
    (d) The owner or operator of an affected facility shall provide the 
Administrator at least 30 days prior notice of any performance test, 
except as specified under other subparts, to afford the Administrator 
the opportunity to have an observer present. If after 30 days notice for 
an initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected facility shall notify the 
Administrator (or delegated State or local agency) as soon as possible 
of any delay in the original test date, either by providing at least 7 
days prior notice of the rescheduled date of the performance test, or by 
arranging a rescheduled date with the Administrator (or delegated State 
or local agency) by mutual agreement.
    (e) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
facility. This includes (i) constructing the air pollution control 
system such that volumetric flow rates and pollutant emission rates can 
be accurately determined by applicable test methods and procedures and 
(ii) providing a stack or duct free of cyclonic flow during performance 
tests, as demonstrated by applicable test methods and procedures.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (f) Unless otherwise specified in the applicable subpart, each 
performance test shall consist of three separate runs using the 
applicable test method. Each run shall be conducted for the time and 
under the conditions specified in the applicable standard. For the 
purpose of determining compliance with an applicable standard, the 
arithmetic means of results of the three runs shall apply. In the event 
that a sample is accidentally lost or conditions occur in which one of 
the three runs must be discontinued because of forced shutdown, failure 
of an irreplaceable portion of the sample train, extreme meteorological 
conditions, or other circumstances, beyond the owner or operator's 
control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 42 
FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, Feb. 14, 
1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999; 72 FR 27442, 
May 16, 2007]



Sec. 60.9  Availability of information.

    The availability to the public of information provided to, or 
otherwise obtained by, the Administrator under this part shall be 
governed by part 2 of this chapter. (Information submitted voluntarily 
to the Administrator for the purposes of Sec. Sec. 60.5 and 60.6 is 
governed by Sec. Sec. 2.201 through 2.213 of this chapter and not by 
Sec. 2.301 of this chapter.)



Sec. 60.10  State authority.

    The provisions of this part shall not be construed in any manner to 
preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to an affected facility, provided that such emission standard 
or limitation is not less stringent than the standard applicable to such 
facility.

[[Page 70]]

    (b) Requiring the owner or operator of an affected facility to 
obtain permits, licenses, or approvals prior to initiating construction, 
modification, or operation of such facility.



Sec. 60.11  Compliance with standards and maintenance requirements.

    (a) Compliance with standards in this part, other than opacity 
standards, shall be determined in accordance with performance tests 
established by Sec. 60.8, unless otherwise specified in the applicable 
standard.
    (b) Compliance with opacity standards in this part shall be 
determined by conducting observations in accordance with Method 9 in 
appendix A of this part, any alternative method that is approved by the 
Administrator, or as provided in paragraph (e)(5) of this section. For 
purposes of determining initial compliance, the minimum total time of 
observations shall be 3 hours (30 6-minute averages) for the performance 
test or other set of observations (meaning those fugitive-type emission 
sources subject only to an opacity standard).
    (c) The opacity standards set forth in this part shall apply at all 
times except during periods of startup, shutdown, malfunction, and as 
otherwise provided in the applicable standard.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall, to the extent practicable, 
maintain and operate any affected facility including associated air 
pollution control equipment in a manner consistent with good air 
pollution control practice for minimizing emissions. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, opacity 
observations, review of operating and maintenance procedures, and 
inspection of the source.
    (e)(1) For the purpose of demonstrating initial compliance, opacity 
observations shall be conducted concurrently with the initial 
performance test required in Sec. 60.8 unless one of the following 
conditions apply. If no performance test under Sec. 60.8 is required, 
then opacity observations shall be conducted within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated but no later than 180 days after initial startup of the 
facility. If visibility or other conditions prevent the opacity 
observations from being conducted concurrently with the initial 
performance test required under Sec. 60.8, the source owner or operator 
shall reschedule the opacity observations as soon after the initial 
performance test as possible, but not later than 30 days thereafter, and 
shall advise the Administrator of the rescheduled date. In these cases, 
the 30-day prior notification to the Administrator required in Sec. 
60.7(a)(6) shall be waived. The rescheduled opacity observations shall 
be conducted (to the extent possible) under the same operating 
conditions that existed during the initial performance test conducted 
under Sec. 60.8. The visible emissions observer shall determine whether 
visibility or other conditions prevent the opacity observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Method 9 of appendix B of this part. 
Opacity readings of portions of plumes which contain condensed, 
uncombined water vapor shall not be used for purposes of determing 
compliance with opacity standards. The owner or operator of an affected 
facility shall make available, upon request by the Administrator, such 
records as may be necessary to determine the conditions under which the 
visual observations were made and shall provide evidence indicating 
proof of current visible observer emission certification. Except as 
provided in paragraph (e)(5) of this section, the results of continuous 
monitoring by transmissometer which indicate that the opacity at the 
time visual observations were made was not in excess of the standard are 
probative but not conclusive evidence of the actual opacity of an 
emission, provided that the source shall meet the burden of proving that 
the instrument used meets (at the time of the alleged violation) 
Performance Specification 1 in appendix B of this part, has been 
properly maintained and (at the time of the alleged violation) that the 
resulting data have not been altered in any way.

[[Page 71]]

    (2) Except as provided in paragraph (e)(3) of this section, the 
owner or operator of an affected facility to which an opacity standard 
in this part applies shall conduct opacity observations in accordance 
with paragraph (b) of this section, shall record the opacity of 
emissions, and shall report to the Administrator the opacity results 
along with the results of the initial performance test required under 
Sec. 60.8. The inability of an owner or operator to secure a visible 
emissions observer shall not be considered a reason for not conducting 
the opacity observations concurrent with the initial performance test.
    (3) The owner or operator of an affected facility to which an 
opacity standard in this part applies may request the Administrator to 
determine and to record the opacity of emissions from the affected 
facility during the initial performance test and at such times as may be 
required. The owner or operator of the affected facility shall report 
the opacity results. Any request to the Administrator to determine and 
to record the opacity of emissions from an affected facility shall be 
included in the notification required in Sec. 60.7(a)(6). If, for some 
reason, the Administrator cannot determine and record the opacity of 
emissions from the affected facility during the performance test, then 
the provisions of paragraph (e)(1) of this section shall apply.
    (4) An owner or operator of an affected facility using a continuous 
opacity monitor (transmissometer) shall record the monitoring data 
produced during the initial performance test required by Sec. 60.8 and 
shall furnish the Administrator a written report of the monitoring 
results along with Method 9 and Sec. 60.8 performance test results.
    (5) An owner or operator of an affected facility subject to an 
opacity standard may submit, for compliance purposes, continuous opacity 
monitoring system (COMS) data results produced during any performance 
test required under Sec. 60.8 in lieu of Method 9 observation data. If 
an owner or operator elects to submit COMS data for compliance with the 
opacity standard, he shall notify the Administrator of that decision, in 
writing, at least 30 days before any performance test required under 
Sec. 60.8 is conducted. Once the owner or operator of an affected 
facility has notified the Administrator to that effect, the COMS data 
results will be used to determine opacity compliance during subsequent 
tests required under Sec. 60.8 until the owner or operator notifies the 
Administrator, in writing, to the contrary. For the purpose of 
determining compliance with the opacity standard during a performance 
test required under Sec. 60.8 using COMS data, the minimum total time 
of COMS data collection shall be averages of all 6-minute continuous 
periods within the duration of the mass emission performance test. 
Results of the COMS opacity determinations shall be submitted along with 
the results of the performance test required under Sec. 60.8. The owner 
or operator of an affected facility using a COMS for compliance purposes 
is responsible for demonstrating that the COMS meets the requirements 
specified in Sec. 60.13(c) of this part, that the COMS has been 
properly maintained and operated, and that the resulting data have not 
been altered in any way. If COMS data results are submitted for 
compliance with the opacity standard for a period of time during which 
Method 9 data indicates noncompliance, the Method 9 data will be used to 
determine compliance with the opacity standard.
    (6) Upon receipt from an owner or operator of the written reports of 
the results of the performance tests required by Sec. 60.8, the opacity 
observation results and observer certification required by Sec. 
60.11(e)(1), and the COMS results, if applicable, the Administrator will 
make a finding concerning compliance with opacity and other applicable 
standards. If COMS data results are used to comply with an opacity 
standard, only those results are required to be submitted along with the 
performance test results required by Sec. 60.8. If the Administrator 
finds that an affected facility is in compliance with all applicable 
standards for which performance tests are conducted in accordance with 
Sec. 60.8 of this part but during the time such performance tests are 
being conducted fails to meet any applicable opacity standard, he shall 
notify the owner or operator and advise

[[Page 72]]

him that he may petition the Administrator within 10 days of receipt of 
notification to make appropriate adjustment to the opacity standard for 
the affected facility.
    (7) The Administrator will grant such a petition upon a 
demonstration by the owner or operator that the affected facility and 
associated air pollution control equipment was operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed under the conditions 
established by the Administrator; and that the affected facility and 
associated air pollution control equipment were incapable of being 
adjusted or operated to meet the applicable opacity standard.
    (8) The Administrator will establish an opacity standard for the 
affected facility meeting the above requirements at a level at which the 
source will be able, as indicated by the performance and opacity tests, 
to meet the opacity standard at all times during which the source is 
meeting the mass or concentration emission standard. The Administrator 
will promulgate the new opacity standard in the Federal Register.
    (f) Special provisions set forth under an applicable subpart shall 
supersede any conflicting provisions in paragraphs (a) through (e) of 
this section.
    (g) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any standard in this part, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test or procedure had been performed.

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 
43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 
9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 
2000]



Sec. 60.12  Circumvention.

    No owner or operator subject to the provisions of this part shall 
build, erect, install, or use any article, machine, equipment or 
process, the use of which conceals an emission which would otherwise 
constitute a violation of an applicable standard. Such concealment 
includes, but is not limited to, the use of gaseous diluents to achieve 
compliance with an opacity standard or with a standard which is based on 
the concentration of a pollutant in the gases discharged to the 
atmosphere.

[39 FR 9314, Mar. 8, 1974]



Sec. 60.13  Monitoring requirements.

    (a) For the purposes of this section, all continuous monitoring 
systems required under applicable subparts shall be subject to the 
provisions of this section upon promulgation of performance 
specifications for continuous monitoring systems under appendix B to 
this part and, if the continuous monitoring system is used to 
demonstrate compliance with emission limits on a continuous basis, 
appendix F to this part, unless otherwise specified in an applicable 
subpart or by the Administrator. Appendix F is applicable December 4, 
1987.
    (b) All continuous monitoring systems and monitoring devices shall 
be installed and operational prior to conducting performance tests under 
Sec. 60.8. Verification of operational status shall, as a minimum, 
include completion of the manufacturer's written requirements or 
recommendations for installation, operation, and calibration of the 
device.
    (c) If the owner or operator of an affected facility elects to 
submit continous opacity monitoring system (COMS) data for compliance 
with the opacity standard as provided under Sec. 60.11(e)(5), he shall 
conduct a performance evaluation of the COMS as specified in Performance 
Specification 1, appendix B, of this part before the performance test 
required under Sec. 60.8 is conducted. Otherwise, the owner or operator 
of an affected facility shall conduct a performance evaluation of the 
COMS or continuous emission monitoring system (CEMS) during any 
performance test required under Sec. 60.8 or within 30 days thereafter 
in accordance with the applicable performance specification in appendix 
B of this part, The

[[Page 73]]

owner or operator of an affected facility shall conduct COMS or CEMS 
performance evaluations at such other times as may be required by the 
Administrator under section 114 of the Act.
    (1) The owner or operator of an affected facility using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 60.8 and as described in Sec. 60.11(e)(5) shall furnish the 
Administrator two or, upon request, more copies of a written report of 
the results of the COMS performance evaluation described in paragraph 
(c) of this section at least 10 days before the performance test 
required under Sec. 60.8 is conducted.
    (2) Except as provided in paragraph (c)(1) of this section, the 
owner or operator of an affected facility shall furnish the 
Administrator within 60 days of completion two or, upon request, more 
copies of a written report of the results of the performance evaluation.
    (d)(1) Owners and operators of a CEMS installed in accordance with 
the provisions of this part, must check the zero (or low level value 
between 0 and 20 percent of span value) and span (50 to 100 percent of 
span value) calibration drifts at least once daily in accordance with a 
written procedure. The zero and span must, as a minimum, be adjusted 
whenever either the 24-hour zero drift or the 24-hour span drift exceeds 
two times the limit of the applicable performance specification in 
appendix B of this part. The system must allow the amount of the excess 
zero and span drift to be recorded and quantified whenever specified. 
Owners and operators of a COMS installed in accordance with the 
provisions of this part, must automatically, intrinsic to the opacity 
monitor, check the zero and upscale (span) calibration drifts at least 
once daily. For a particular COMS, the acceptable range of zero and 
upscale calibration materials is as defined in the applicable version of 
PS-1 in appendix B of this part. For a COMS, the optical surfaces, 
exposed to the effluent gases, must be cleaned before performing the 
zero and upscale drift adjustments, except for systems using automatic 
zero adjustments. The optical surfaces must be cleaned when the 
cumulative automatic zero compensation exceeds 4 percent opacity.
    (2) Unless otherwise approved by the Administrator, the following 
procedures must be followed for a COMS. Minimum procedures must include 
an automated method for producing a simulated zero opacity condition and 
an upscale opacity condition using a certified neutral density filter or 
other related technique to produce a known obstruction of the light 
beam. Such procedures must provide a system check of all active analyzer 
internal optics with power or curvature, all active electronic circuitry 
including the light source and photodetector assembly, and electronic or 
electro-mechanical systems and hardware and or software used during 
normal measurement operation.
    (e) Except for system breakdowns, repairs, calibration checks, and 
zero and span adjustments required under paragraph (d) of this section, 
all continuous monitoring systems shall be in continuous operation and 
shall meet minimum frequency of operation requirements as follows:
    (1) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring opacity of emissions shall complete a minimum 
of one cycle of sampling and analyzing for each successive 10-second 
period and one cycle of data recording for each successive 6-minute 
period.
    (2) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring emissions, except opacity, shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (f) All continuous monitoring systems or monitoring devices shall be 
installed such that representative measurements of emissions or process 
parameters from the affected facility are obtained. Additional 
procedures for location of continuous monitoring systems contained in 
the applicable Performance Specifications of appendix B of this part 
shall be used.
    (g) When the effluents from a single affected facility or two or 
more affected facilities subject to the same emission standards are 
combined before being released to the atmosphere,

[[Page 74]]

the owner or operator may install applicable continuous monitoring 
systems on each effluent or on the combined effluent. When the affected 
facilities are not subject to the same emission standards, separate 
continuous monitoring systems shall be installed on each effluent. When 
the effluent from one affected facility is released to the atmosphere 
through more than one point, the owner or operator shall install an 
applicable continuous monitoring system on each separate effluent unless 
the installation of fewer systems is approved by the Administrator. When 
more than one continuous monitoring system is used to measure the 
emissions from one affected facility (e.g., multiple breechings, 
multiple outlets), the owner or operator shall report the results as 
required from each continuous monitoring system.
    (h)(1) Owners or operators of all continuous monitoring systems for 
measurement of opacity shall reduce all data to 6-minute averages and 
for continuous monitoring systems other than opacity to 1-hour averages 
for time periods as defined in Sec. 60.2. Six-minute opacity averages 
shall be calculated from 36 or more data points equally spaced over each 
6-minute period.
    (2) For continuous monitoring systems other than opacity, 1-hour 
averages shall be computed as follows, except that the provisions 
pertaining to the validation of partial operating hours are only 
applicable for affected facilities that are required by the applicable 
subpart to include partial hours in the emission calculations:
    (i) Except as provided under paragraph (h)(2)(iii) of this section, 
for a full operating hour (any clock hour with 60 minutes of unit 
operation), at least four valid data points are required to calculate 
the hourly average, i.e., one data point in each of the 15-minute 
quadrants of the hour.
    (ii) Except as provided under paragraph (h)(2)(iii) of this section, 
for a partial operating hour (any clock hour with less than 60 minutes 
of unit operation), at least one valid data point in each 15-minute 
quadrant of the hour in which the unit operates is required to calculate 
the hourly average.
    (iii) For any operating hour in which required maintenance or 
quality-assurance activities are performed:
    (A) If the unit operates in two or more quadrants of the hour, a 
minimum of two valid data points, separated by at least 15 minutes, is 
required to calculate the hourly average; or
    (B) If the unit operates in only one quadrant of the hour, at least 
one valid data point is required to calculate the hourly average.
    (iv) If a daily calibration error check is failed during any 
operating hour, all data for that hour shall be invalidated, unless a 
subsequent calibration error test is passed in the same hour and the 
requirements of paragraph (h)(2)(iii) of this section are met, based 
solely on valid data recorded after the successful calibration.
    (v) For each full or partial operating hour, all valid data points 
shall be used to calculate the hourly average.
    (vi) Except as provided under paragraph (h)(2)(vii) of this section, 
data recorded during periods of continuous monitoring system breakdown, 
repair, calibration checks, and zero and span adjustments shall not be 
included in the data averages computed under this paragraph.
    (vii) Owners and operators complying with the requirements of Sec. 
60.7(f)(1) or (2) must include any data recorded during periods of 
monitor breakdown or malfunction in the data averages.
    (viii) When specified in an applicable subpart, hourly averages for 
certain partial operating hours shall not be computed or included in the 
emission averages (e.g. hours with < 30 minutes of unit operation under 
Sec. 60.47b(d)).
    (ix) Either arithmetic or integrated averaging of all data may be 
used to calculate the hourly averages. The data may be recorded in 
reduced or nonreduced form (e.g., ppm pollutant and percent 
O2 or ng/J of pollutant).
    (3) All excess emissions shall be converted into units of the 
standard using the applicable conversion procedures specified in the 
applicable subpart. After conversion into units of the standard, the 
data may be rounded to the same number of significant digits used in the 
applicable subpart to specify the emission limit.

[[Page 75]]

    (i) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring procedures or 
requirements of this part including, but not limited to the following:
    (1) Alternative monitoring requirements when installation of a 
continuous monitoring system or monitoring device specified by this part 
would not provide accurate measurements due to liquid water or other 
interferences caused by substances in the effluent gases.
    (2) Alternative monitoring requirements when the affected facility 
is infrequently operated.
    (3) Alternative monitoring requirements to accommodate continuous 
monitoring systems that require additional measurements to correct for 
stack moisture conditions.
    (4) Alternative locations for installing continuous monitoring 
systems or monitoring devices when the owner or operator can demonstrate 
that installation at alternate locations will enable accurate and 
representative measurements.
    (5) Alternative methods of converting pollutant concentration 
measurements to units of the standards.
    (6) Alternative procedures for performing daily checks of zero and 
span drift that do not involve use of span gases or test cells.
    (7) Alternatives to the A.S.T.M. test methods or sampling procedures 
specified by any subpart.
    (8) Alternative continuous monitoring systems that do not meet the 
design or performance requirements in Performance Specification 1, 
appendix B, but adequately demonstrate a definite and consistent 
relationship between its measurements and the measurements of opacity by 
a system complying with the requirements in Performance Specification 1. 
The Administrator may require that such demonstration be performed for 
each affected facility.
    (9) Alternative monitoring requirements when the effluent from a 
single affected facility or the combined effluent from two or more 
affected facilities is released to the atmosphere through more than one 
point.
    (j) An alternative to the relative accuracy (RA) test specified in 
Performance Specification 2 of appendix B may be requested as follows:
    (1) An alternative to the reference method tests for determining RA 
is available for sources with emission rates demonstrated to be less 
than 50 percent of the applicable standard. A source owner or operator 
may petition the Administrator to waive the RA test in Section 8.4 of 
Performance Specification 2 and substitute the procedures in Section 
16.0 if the results of a performance test conducted according to the 
requirements in Sec. 60.8 of this subpart or other tests performed 
following the criteria in Sec. 60.8 demonstrate that the emission rate 
of the pollutant of interest in the units of the applicable standard is 
less than 50 percent of the applicable standard. For sources subject to 
standards expressed as control efficiency levels, a source owner or 
operator may petition the Administrator to waive the RA test and 
substitute the procedures in Section 16.0 of Performance Specification 2 
if the control device exhaust emission rate is less than 50 percent of 
the level needed to meet the control efficiency requirement. The 
alternative procedures do not apply if the continuous emission 
monitoring system is used to determine compliance continuously with the 
applicable standard. The petition to waive the RA test shall include a 
detailed description of the procedures to be applied. Included shall be 
location and procedure for conducting the alternative, the concentration 
or response levels of the alternative RA materials, and the other 
equipment checks included in the alternative procedure. The 
Administrator will review the petition for completeness and 
applicability. The determination to grant a waiver will depend on the 
intended use of the CEMS data (e.g., data collection purposes other than 
NSPS) and may require specifications more stringent than in Performance 
Specification 2 (e.g., the applicable emission limit is more stringent 
than NSPS).
    (2) The waiver of a CEMS RA test will be reviewed and may be 
rescinded at such time, following successful completion of the 
alternative RA procedure, that the CEMS data indicate that

[[Page 76]]

the source emissions are approaching the level. The criterion for 
reviewing the waiver is the collection of CEMS data showing that 
emissions have exceeded 70 percent of the applicable standard for seven, 
consecutive, averaging periods as specified by the applicable 
regulation(s). For sources subject to standards expressed as control 
efficiency levels, the criterion for reviewing the waiver is the 
collection of CEMS data showing that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for seven, consecutive, averaging periods as specified by the applicable 
regulation(s) [e.g., Sec. 60.45(g) (2) and (3), Sec. 60.73(e), and 
Sec. 60.84(e)]. It is the responsibility of the source operator to 
maintain records and determine the level of emissions relative to the 
criterion on the waiver of RA testing. If this criterion is exceeded, 
the owner or operator must notify the Administrator within 10 days of 
such occurrence and include a description of the nature and cause of the 
increasing emissions. The Administrator will review the notification and 
may rescind the waiver and require the owner or operator to conduct a RA 
test of the CEMS as specified in Section 8.4 of Performance 
Specification 2.

[40 FR 46255, Oct. 6, 1975; 40 FR 59205, Dec. 22, 1975, as amended at 41 
FR 35185, Aug. 20, 1976; 48 FR 13326, Mar. 30, 1983; 48 FR 23610, May 
25, 1983; 48 FR 32986, July 20, 1983; 52 FR 9782, Mar. 26, 1987; 52 FR 
17555, May 11, 1987; 52 FR 21007, June 4, 1987; 64 FR 7463, Feb. 12, 
1999; 65 FR 48920, Aug. 10, 2000; 65 FR 61749, Oct. 17, 2000; 66 FR 
44980, Aug. 27, 2001; 71 FR 31102, June 1, 2006; 72 FR 32714, June 13, 
2007]

    Editorial Note: At 65 FR 61749, Oct. 17, 2000, Sec. 60.13 was 
amended by revising the words ``ng/J of pollutant'' to read ``ng of 
pollutant per J of heat input'' in the sixth sentence of paragraph (h). 
However, the amendment could not be incorporated because the words ``ng/
J of pollutant'' do not exist in the sixth sentence of paragraph (h).



Sec. 60.14  Modification.

    (a) Except as provided under paragraphs (e) and (f) of this section, 
any physical or operational change to an existing facility which results 
in an increase in the emission rate to the atmosphere of any pollutant 
to which a standard applies shall be considered a modification within 
the meaning of section 111 of the Act. Upon modification, an existing 
facility shall become an affected facility for each pollutant to which a 
standard applies and for which there is an increase in the emission rate 
to the atmosphere.
    (b) Emission rate shall be expressed as kg/hr of any pollutant 
discharged into the atmosphere for which a standard is applicable. The 
Administrator shall use the following to determine emission rate:
    (1) Emission factors as specified in the latest issue of 
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 
AP-42, or other emission factors determined by the Administrator to be 
superior to AP-42 emission factors, in cases where utilization of 
emission factors demonstrates that the emission level resulting from the 
physical or operational change will either clearly increase or clearly 
not increase.
    (2) Material balances, continuous monitor data, or manual emission 
tests in cases where utilization of emission factors as referenced in 
paragraph (b)(1) of this section does not demonstrate to the 
Administrator's satisfaction whether the emission level resulting from 
the physical or operational change will either clearly increase or 
clearly not increase, or where an owner or operator demonstrates to the 
Administrator's satisfaction that there are reasonable grounds to 
dispute the result obtained by the Administrator utilizing emission 
factors as referenced in paragraph (b)(1) of this section. When the 
emission rate is based on results from manual emission tests or 
continuous monitoring systems, the procedures specified in appendix C of 
this part shall be used to determine whether an increase in emission 
rate has occurred. Tests shall be conducted under such conditions as the 
Administrator shall specify to the owner or operator based on 
representative performance of the facility. At least three valid test 
runs must be conducted before and at least three after the physical or 
operational change. All operating parameters which may affect emissions 
must be held constant to the maximum feasible degree for all test runs.

[[Page 77]]

    (c) The addition of an affected facility to a stationary source as 
an expansion to that source or as a replacement for an existing facility 
shall not by itself bring within the applicability of this part any 
other facility within that source.
    (d) [Reserved]
    (e) The following shall not, by themselves, be considered 
modifications under this part:
    (1) Maintenance, repair, and replacement which the Administrator 
determines to be routine for a source category, subject to the 
provisions of paragraph (c) of this section and Sec. 60.15.
    (2) An increase in production rate of an existing facility, if that 
increase can be accomplished without a capital expenditure on that 
facility.
    (3) An increase in the hours of operation.
    (4) Use of an alternative fuel or raw material if, prior to the date 
any standard under this part becomes applicable to that source type, as 
provided by Sec. 60.1, the existing facility was designed to 
accommodate that alternative use. A facility shall be considered to be 
designed to accommodate an alternative fuel or raw material if that use 
could be accomplished under the facility's construction specifications 
as amended prior to the change. Conversion to coal required for energy 
considerations, as specified in section 111(a)(8) of the Act, shall not 
be considered a modification.
    (5) The addition or use of any system or device whose primary 
function is the reduction of air pollutants, except when an emission 
control system is removed or is replaced by a system which the 
Administrator determines to be less environmentally beneficial.
    (6) The relocation or change in ownership of an existing facility.
    (f) Special provisions set forth under an applicable subpart of this 
part shall supersede any conflicting provisions of this section.
    (g) Within 180 days of the completion of any physical or operational 
change subject to the control measures specified in paragraph (a) of 
this section, compliance with all applicable standards must be achieved.
    (h) No physical change, or change in the method of operation, at an 
existing electric utility steam generating unit shall be treated as a 
modification for the purposes of this section provided that such change 
does not increase the maximum hourly emissions of any pollutant 
regulated under this section above the maximum hourly emissions 
achievable at that unit during the 5 years prior to the change.
    (i) Repowering projects that are awarded funding from the Department 
of Energy as permanent clean coal technology demonstration projects (or 
similar projects funded by EPA) are exempt from the requirements of this 
section provided that such change does not increase the maximum hourly 
emissions of any pollutant regulated under this section above the 
maximum hourly emissions achievable at that unit during the five years 
prior to the change.
    (j)(1) Repowering projects that qualify for an extension under 
section 409(b) of the Clean Air Act are exempt from the requirements of 
this section, provided that such change does not increase the actual 
hourly emissions of any pollutant regulated under this section above the 
actual hourly emissions achievable at that unit during the 5 years prior 
to the change.
    (2) This exemption shall not apply to any new unit that:
    (i) Is designated as a replacement for an existing unit;
    (ii) Qualifies under section 409(b) of the Clean Air Act for an 
extension of an emission limitation compliance date under section 405 of 
the Clean Air Act; and
    (iii) Is located at a different site than the existing unit.
    (k) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project is exempt from the 
requirements of this section. A temporary clean coal control technology 
demonstration project, for the purposes of this section is a clean coal 
technology demonstration project that is operated for a period of 5 
years or less, and which complies with the State implementation plan for 
the State in which the project is located and other requirements 
necessary to attain and maintain the national ambient air quality 
standards

[[Page 78]]

during the project and after it is terminated.
    (l) The reactivation of a very clean coal-fired electric utility 
steam generating unit is exempt from the requirements of this section.

[40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 45 
FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, Oct. 
17, 2000]



Sec. 60.15  Reconstruction.

    (a) An existing facility, upon reconstruction, becomes an affected 
facility, irrespective of any change in emission rate.
    (b) ``Reconstruction'' means the replacement of components of an 
existing facility to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable entirely new facility, and
    (2) It is technologically and economically feasible to meet the 
applicable standards set forth in this part.
    (c) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (d) If an owner or operator of an existing facility proposes to 
replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new facility, he shall notify the 
Administrator of the proposed replacements. The notice must be 
postmarked 60 days (or as soon as practicable) before construction of 
the replacements is commenced and must include the following 
information:
    (1) Name and address of the owner or operator.
    (2) The location of the existing facility.
    (3) A brief description of the existing facility and the components 
which are to be replaced.
    (4) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment.
    (5) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new facility.
    (6) The estimated life of the existing facility after the 
replacements.
    (7) A discussion of any economic or technical limitations the 
facility may have in complying with the applicable standards of 
performance after the proposed replacements.
    (e) The Administrator will determine, within 30 days of the receipt 
of the notice required by paragraph (d) of this section and any 
additional information he may reasonably require, whether the proposed 
replacement constitutes reconstruction.
    (f) The Administrator's determination under paragraph (e) shall be 
based on:
    (1) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new facility;
    (2) The estimated life of the facility after the replacements 
compared to the life of a comparable entirely new facility;
    (3) The extent to which the components being replaced cause or 
contribute to the emissions from the facility; and
    (4) Any economic or technical limitations on compliance with 
applicable standards of performance which are inherent in the proposed 
replacements.
    (g) Individual subparts of this part may include specific provisions 
which refine and delimit the concept of reconstruction set forth in this 
section.

[40 FR 58420, Dec. 16, 1975]



Sec. 60.16  Priority list.

                   Prioritized Major Source Categories
------------------------------------------------------------------------
     Priority Number \1\                    Source Category
------------------------------------------------------------------------
1.                             Synthetic Organic Chemical Manufacturing
                                Industry (SOCMI) and Volatile Organic
                                Liquid Storage Vessels and Handling
                                Equipment
                               (a) SOCMI unit processes
                               (b) Volatile organic liquid (VOL) storage
                                vessels and handling equipment
                               (c) SOCMI fugitive sources
                               (d) SOCMI secondary sources
2.                             Industrial Surface Coating: Cans
3.                             Petroleum Refineries: Fugitive Sources
4.                             Industrial Surface Coating: Paper
5.                             Dry Cleaning
                               (a) Perchloroethylene
                               (b) Petroleum solvent
6.                             Graphic Arts
7.                             Polymers and Resins: Acrylic Resins

[[Page 79]]

 
8.                             Mineral Wool (Deleted)
9.                             Stationary Internal Combustion Engines
10.                            Industrial Surface Coating: Fabric
11.                            Industrial-Commercial-Institutional Steam
                                Generating Units.
12.                            Incineration: Non-Municipal (Deleted)
13.                            Non-Metallic Mineral Processing
14.                            Metallic Mineral Processing
15.                            Secondary Copper (Deleted)
16.                            Phosphate Rock Preparation
17.                            Foundries: Steel and Gray Iron
18.                            Polymers and Resins: Polyethylene
19.                            Charcoal Production
20.                            Synthetic Rubber
                               (a) Tire manufacture
                               (b) SBR production
21.                            Vegetable Oil
22.                            Industrial Surface Coating: Metal Coil
23.                            Petroleum Transportation and Marketing
24.                            By-Product Coke Ovens
25.                            Synthetic Fibers
26.                            Plywood Manufacture
27.                            Industrial Surface Coating: Automobiles
28.                            Industrial Surface Coating: Large
                                Appliances
29.                            Crude Oil and Natural Gas Production
30.                            Secondary Aluminum
31.                            Potash (Deleted)
32.                            Lightweight Aggregate Industry: Clay,
                                Shale, and Slate \2\
33.                            Glass
34.                            Gypsum
35.                            Sodium Carbonate
36.                            Secondary Zinc (Deleted)
37.                            Polymers and Resins: Phenolic
38.                            Polymers and Resins: Urea-Melamine
39.                            Ammonia (Deleted)
40.                            Polymers and Resins: Polystyrene
41.                            Polymers and Resins: ABS-SAN Resins
42.                            Fiberglass
43.                            Polymers and Resins: Polypropylene
44.                            Textile Processing
45.                            Asphalt Processing and Asphalt Roofing
                                Manufacture
46.                            Brick and Related Clay Products
47.                            Ceramic Clay Manufacturing (Deleted)
48.                            Ammonium Nitrate Fertilizer
49.                            Castable Refractories (Deleted)
50.                            Borax and Boric Acid (Deleted)
51.                            Polymers and Resins: Polyester Resins
52.                            Ammonium Sulfate
53.                            Starch
54.                            Perlite
55.                            Phosphoric Acid: Thermal Process
                                (Deleted)
56.                            Uranium Refining
57.                            Animal Feed Defluorination (Deleted)
58.                            Urea (for fertilizer and polymers)
59.                            Detergent (Deleted)
 
                         Other Source Categories
 
Lead acid battery manufacture \3\
Organic solvent cleaning \3\
Industrial surface coating: metal furniture \3\
Stationary gas turbines \4\
Municipal solid waste landfills \4\
------------------------------------------------------------------------
\1\ Low numbers have highest priority, e.g., No. 1 is high priority, No.
  59 is low priority.
\2\ Formerly titled ``Sintering: Clay and Fly Ash''.
\3\ Minor source category, but included on list since an NSPS is being
  developed for that source category.
\4\ Not prioritized, since an NSPS for this major source category has
  already been promulgated.


[47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876, July 23, 1982; 51 
FR 42796, Nov. 25, 1986; 52 FR 11428, Apr. 8, 1987; 61 FR 9919, Mar. 12, 
1996]



Sec. 60.17  Incorporations by reference.

    The materials listed below are incorporated by reference in the 
corresponding sections noted. These incorporations by reference were 
approved by the Director of the Federal Register on the date listed. 
These materials are incorporated as they exist on the date of the 
approval, and a notice of any change in these materials will be 
published in the Federal Register. The materials are available for 
purchase at the corresponding address noted below, and all are available 
for inspection at the Library (C267-01), U.S. EPA, Research Triangle 
Park, NC or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (a) The following materials are available for purchase from at least 
one of the following addresses: American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106.
    (1) ASTM A99-76, 82 (Reapproved 1987), Standard Specification for 
Ferromanganese, incorporation by reference (IBR) approved for Sec. 
60.261.
    (2) ASTM A100-69, 74, 93, Standard Specification for Ferrosilicon, 
IBR approved for Sec. 60.261.
    (3) ASTM A101-73, 93, Standard Specification for Ferrochromium, IBR 
approved for Sec. 60.261.
    (4) ASTM A482-76, 93, Standard Specification for Ferrochromesilicon, 
IBR approved for Sec. 60.261.
    (5) ASTM A483-64, 74 (Reapproved 1988), Standard Specification for 
Silicomanganese, IBR approved for Sec. 60.261.
    (6) ASTM A495-76, 94, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec. 60.261.
    (7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum 
Products, IBR

[[Page 80]]

approved for Sec. Sec. 60.562-2(d), 60.593(d), and 60.633(h).
    (8) ASTM D129-64, 78, 95, 00, Standard Test Method for Sulfur in 
Petroleum Products (General Bomb Method), IBR approved for Sec. Sec. 
60.106(j)(2), 60.335(b)(10)(i), and Appendix A: Method 19, 12.5.2.2.3.
    (9) ASTM D129-00 (Reapproved 2005), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (10) ASTM D240-76, 92, Standard Test Method for Heat of Combustion 
of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for 
Sec. Sec. 60.46(c), 60.296(b), and Appendix A: Method 19, Section 
12.5.2.2.3.
    (11) ASTM D270-65, 75, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for Appendix A: Method 19, Section 
12.5.2.2.1.
    (12) ASTM D323-82, 94, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec. 60.111(l), 
60.111a(g), 60.111b(g), and 60.116b(f)(2)(ii).
    (13) ASTM D388-77, 90, 91, 95, 98a, 99 (Reapproved 2004) [egr]\1\, 
Standard Specification for Classification of Coals by Rank, IBR approved 
for Sec. Sec. 60.24(h)(8), 60.41 of subpart D of this part, 
60.45(f)(4)(i), 60.45(f)(4)(ii), 60.45(f)(4)(vi), 60.41Da of subpart Da 
of this part, 60.41b of subpart Db of this part, 60.41c of subpart Dc of 
this part, and 60.4102.
    (14) ASTM D388-77, 90, 91, 95, 98a, Standard Specification for 
Classification of Coals by Rank, IBR approved for Sec. Sec. 60.251(b) 
and (c) of subpart Y of this part.
    (15) ASTM D396-78, 89, 90, 92, 96, 98, Standard Specification for 
Fuel Oils, IBR approved for Sec. Sec. 60.41b of subpart Db of this 
part, 60.41c of subpart Dc of this part, 60.111(b) of subpart K of this 
part, and 60.111a(b) of subpart Ka of this part.
    (16) ASTM D975-78, 96, 98a, Standard Specification for Diesel Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b) of subpart K of this part 
and 60.111a(b) of subpart Ka of this part.
    (17) ASTM D1072-80, 90 (Reapproved 1994), Standard Test Method for 
Total Sulfur in Fuel Gases, IBR approved for Sec. 60.335(b)(10)(ii).
    (18) ASTM D1072-90 (Reapproved 1999), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec. 60.4415(a)(1)(ii).
    (19) ASTM D1137-53, 75, Standard Method for Analysis of Natural 
Gases and Related Types of Gaseous Mixtures by the Mass Spectrometer, 
IBR approved for Sec. 60.45(f)(5)(i).
    (20) ASTM D1193-77, 91, Standard Specification for Reagent Water, 
IBR approved for Appendix A: Method 5, Section 7.1.3; Method 5E, Section 
7.2.1; Method 5F, Section 7.2.1; Method 6, Section 7.1.1; Method 7, 
Section 7.1.1; Method 7C, Section 7.1.1; Method 7D, Section 7.1.1; 
Method 10A, Section 7.1.1; Method 11, Section 7.1.3; Method 12, Section 
7.1.3; Method 13A, Section 7.1.2; Method 26, Section 7.1.2; Method 26A, 
Section 7.1.2; and Method 29, Section 7.2.2.
    (21) ASTM D1266-87, 91, 98, Standard Test Method for Sulfur in 
Petroleum Products (Lamp Method), IBR approved for Sec. Sec. 
60.106(j)(2) and 60.335(b)(10)(i).
    (22) ASTM D1266-98 (Reapproved 2003)e1, Standard Test Method for 
Sulfur in Petroleum Products (Lamp Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (23) ASTM D1475-60 (Reapproved 1980), 90, Standard Test Method for 
Density of Paint, Varnish Lacquer, and Related Products, IBR approved 
for Sec. 60.435(d)(1), Appendix A: Method 24, Section 6.1; and Method 
24A, Sections 6.5 and 7.1.
    (24) ASTM D1552-83, 95, 01, Standard Test Method for Sulfur in 
Petroleum Products (High-Temperature Method), IBR approved for 
Sec. Sec. 60.106(j)(2), 60.335(b)(10)(i), and Appendix A: Method 19, 
Section 12.5.2.2.3.
    (25) ASTM D1552-03, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (26) ASTM D1826-77, 94, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec. 60.45(f)(5)(ii), 60.46(c)(2), 60.296(b)(3), and 
Appendix A: Method 19, Section 12.3.2.4.
    (27) ASTM D1835-87, 91, 97, 03a, Standard Specification for 
Liquefied Petroleum (LP) Gases, IBR approved for Sec. Sec. 60.41Da of 
subpart Da of this part,

[[Page 81]]

60.41b of subpart Db of this part, and 60.41c of subpart Dc of this 
part.
    (28) ASTM D1945-64, 76, 91, 96, Standard Method for Analysis of 
Natural Gas by Gas Chromatography, IBR approved for Sec. 
60.45(f)(5)(i).
    (29) ASTM D1946-77, 90 (Reapproved 1994), Standard Method for 
Analysis of Reformed Gas by Gas Chromatography, IBR approved for 
Sec. Sec. 60.18(f)(3), 60.45(f)(5)(i), 60.564(f)(1), 60.614(e)(2)(ii), 
60.614(e)(4), 60.664(e)(2)(ii), 60.664(e)(4), 60.704(d)(2)(ii), and 
60.704(d)(4).
    (30) ASTM D2013-72, 86, Standard Method of Preparing Coal Samples 
for Analysis, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.3.
    (31) ASTM D2015-77 (Reapproved 1978), 96, Standard Test Method for 
Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, 
IBR approved for Sec. 60.45(f)(5)(ii), 60.46(c)(2), and Appendix A: 
Method 19, Section 12.5.2.1.3.
    (32) ASTM D2016-74, 83, Standard Test Methods for Moisture Content 
of Wood, IBR approved for Appendix A: Method 28, Section 16.1.1.
    (33) ASTM D2234-76, 96, 97b, 98, Standard Methods for Collection of 
a Gross Sample of Coal, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.1.
    (34) ASTM D2369-81, 87, 90, 92, 93, 95, Standard Test Method for 
Volatile Content of Coatings, IBR approved for Appendix A: Method 24, 
Section 6.2.
    (35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec. 
60.18(f)(3), 60.485(g)(6), 60.564(f)(3), 60.614(e)(4), 60.664(e)(4), and 
60.704(d)(4).
    (36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases 
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR 
approved for Sec. 60.485(g)(5).
    (37) ASTM D2584-68 (Reapproved 1985), 94, Standard Test Method for 
Ignition Loss of Cured Reinforced Resins, IBR approved for Sec. 
60.685(c)(3)(i).
    (38) ASTM D2597-94 (Reapproved 1999), Standard Test Method for 
Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen 
and Carbon Dioxide by Gas Chromatography, IBR approved for Sec. 
60.335(b)(9)(i).
    (39) ASTM D2622-87, 94, 98, Standard Test Method for Sulfur in 
Petroleum Products by Wavelength Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec. Sec. 60.106(j)(2) and 
60.335(b)(10)(i).
    (40) ASTM D2622-05, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. 60.4415(a)(1)(i).
    (41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. Sec. 60.111b(f)(3), 
60.116b(e)(3)(ii), 60.116b(f)(2)(i), and 60.485(e)(1).
    (42) ASTM D2880-78, 96, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b), 60.111a(b), and 60.335(d).
    (43) ASTM D2908-74, 91, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec. 60.564(j).
    (44) ASTM D2986-71, 78, 95a, Standard Method for Evaluation of Air, 
Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for Appendix A: Method 5, Section 7.1.1; Method 12, Section 
7.1.1; and Method 13A, Section 7.1.1.2.
    (45) ASTM D3173-73, 87, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for Appendix A: Method 
19, Section 12.5.2.1.3.
    (46) ASTM D3176-74, 89, Standard Method for Ultimate Analysis of 
Coal and Coke, IBR approved for Sec. 60.45(f)(5)(i) and Appendix A: 
Method 19, Section 12.3.2.3.
    (47) ASTM D3177-75, 89, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for Appendix A: Method 
19, Section 12.5.2.1.3.
    (48) ASTM D3178-73 (Reapproved 1979), 89, Standard Test Methods for 
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR 
approved for Sec. 60.45(f)(5)(i).
    (49) ASTM D3246-81, 92, 96, Standard Test Method for Sulfur in 
Petroleum Gas by Oxidative Microcoulometry, IBR approved for Sec. 
60.335(b)(10)(ii).

[[Page 82]]

    (50) ASTM D3246-05, Standard Test Method for Sulfur in Petroleum Gas 
by Oxidative Microcoulometry, IBR approved for Sec. 60.4415(a)(1)(ii).
    (51) ASTM D3270-73T, 80, 91, 95, Standard Test Methods for Analysis 
for Fluoride Content of the Atmosphere and Plant Tissues (Semiautomated 
Method), IBR approved for Appendix A: Method 13A, Section 16.1.
    (52) ASTM D3286-85, 96, Standard Test Method for Gross Calorific 
Value of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved 
for Appendix A: Method 19, Section 12.5.2.1.3.
    (53) ASTM D3370-76, 95a, Standard Practices for Sampling Water, IBR 
approved for Sec. 60.564(j).
    (54) ASTM D3792-79, 91, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for Appendix A: Method 24, Section 6.3.
    (55) ASTM D4017-81, 90, 96a, Standard Test Method for Water in 
Paints and Paint Materials by the Karl Fischer Titration Method, IBR 
approved for Appendix A: Method 24, Section 6.4.
    (56) ASTM D4057-81, 95, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for Appendix A: Method 
19, Section 12.5.2.2.3.
    (57) ASTM D4057-95 (Reapproved 2000), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, IBR approved for Sec. 
60.4415(a)(1).
    (58) ASTM D4084-82, 94, Standard Test Method for Analysis of 
Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), 
IBR approved for Sec. 60.334(h)(1).
    (59) ASTM D4084-05, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. Sec. 60.4360 and 60.4415(a)(1)(ii).
    (60) ASTM D4177-95, Standard Practice for Automatic Sampling of 
Petroleum and Petroleum Products, IBR approved for Appendix A: Method 
19, Section 12.5.2.2.1.
    (61) ASTM D4177-95 (Reapproved 2000), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, IBR approved for 
Sec. 60.4415(a)(1).
    (62) ASTM D4239-85, 94, 97, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.3.
    (63) ASTM D4294-02, Standard Test Method for Sulfur in Petroleum and 
Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry, 
IBR approved for Sec. 60.335(b)(10)(i).
    (64) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum and 
Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry, 
IBR approved for Sec. 60.4415(a)(1)(i).
    (65) ASTM D4442-84, 92, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
Appendix A: Method 28, Section 16.1.1.
    (66) ASTM D4444-92, Standard Test Methods for Use and Calibration of 
Hand-Held Moisture Meters, IBR approved for Appendix A: Method 28, 
Section 16.1.1.
    (67) ASTM D4457-85 (Reapproved 1991), Test Method for Determination 
of Dichloromethane and 1, 1, 1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph, IBR approved for Appendix A: 
Method 24, Section 6.5.
    (68) ASTM D4468-85 (Reapproved 2000), Standard Test Method for Total 
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry, 
IBR approved for Sec. Sec. 60.335(b)(10)(ii) and 60.4415(a)(1)(ii).
    (69) ASTM D4629-02, Standard Test Method for Trace Nitrogen in 
Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and 
Chemiluminescence Detection, IBR approved for Sec. Sec. 60.49b(e) and 
60.335(b)(9)(i).
    (70) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. Sec. 60.18(f)(3), 60.485(g)(6), 60.564(f)(3), 
60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
    (71) ASTM D4810-88 (Reapproved 1999), Standard Test Method for 
Hydrogen Sulfide in Natural Gas Using Length of Stain Detector Tubes, 
IBR approved for Sec. Sec. 60.4360 and 60.4415(a)(1)(ii).

[[Page 83]]

    (72) ASTM D5287-97 (Reapproved 2002), Standard Practice for 
Automatic Sampling of Gaseous Fuels, IBR approved for Sec. 
60.4415(a)(1).
    (73) ASTM D5403-93, Standard Test Methods for Volatile Content of 
Radiation Curable Materials, IBR approved for Appendix A: Method 24, 
Section 6.6.
    (74) ASTM D5453-00, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec. 60.335(b)(10)(i).
    (75) ASTM D5453-05, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec. 60.4415(a)(1)(i).
    (76) ASTM D5504-01, Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Chemiluminescence, IBR approved for Sec. Sec. 60.334(h)(1) and 60.4360.
    (77) ASTM D5762-02, Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat-Inlet Chemiluminescence, IBR approved for 
Sec. 60.335(b)(9)(i).
    (78) ASTM D5865-98, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec. 60.45(f)(5)(ii), 60.46(c)(2), 
and Appendix A: Method 19, Section 12.5.2.1.3.
    (79) ASTM D6216-98, Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance 
Specifications, IBR approved for Appendix B, Performance Specification 
1.
    (80) ASTM D6228-98, Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Flame Photometric Detection, IBR approved for Sec. 60.334(h)(1).
    (81) ASTM D6228-98 (Reapproved 2003), Standard Test Method for 
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by 
Gas Chromatography and Flame Photometric Detection, IBR approved for 
Sec. Sec. 60.4360 and 60.4415.
    (82) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII 
of this part.
    (83) ASTM D6366-99, Standard Test Method for Total Trace Nitrogen 
and Its Derivatives in Liquid Aromatic Hydrocarbons by Oxidative 
Combustion and Electrochemical Detection, IBR approved for Sec. 
60.335(b)(9)(i).
    (84) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for 
Sec. 60.335(a).
    (85) ASTM D6667-01, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec. 60.335(b)(10)(ii).
    (86) ASTM D6667-04, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec. 60.4415(a)(1)(ii).
    (87) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), IBR approved for Appendix B 
to part 60, Performance Specification 12A, Section 8.6.2.
    (88) ASTM E168-67, 77, 92, General Techniques of Infrared 
Quantitative Analysis, IBR approved for Sec. Sec. 60.593(b)(2) and 
60.632(f).
    (89) ASTM E169-63, 77, 93, General Techniques of Ultraviolet 
Quantitative Analysis, IBR approved for Sec. Sec. 60.593(b)(2) and 
60.632(f).
    (90) ASTM E260-73, 91, 96, General Gas Chromatography Procedures, 
IBR approved for Sec. Sec. 60.593(b)(2) and 60.632(f).
    (b) The following material is available for purchase from the 
Association of Official Analytical Chemists, 1111 North 19th Street, 
Suite 210, Arlington, VA 22209.
    (1) AOAC Method 9, Official Methods of Analysis of the Association 
of Official Analytical Chemists, 11th edition, 1970, pp. 11-12, IBR 
approved January 27, 1983 for Sec. Sec. 60.204(b)(3), 60.214(b)(3), 
60.224(b)(3), 60.234(b)(3).

[[Page 84]]

    (c) The following material is available for purchase from the 
American Petroleum Institute, 1220 L Street NW., Washington, DC 20005.
    (1) API Publication 2517, Evaporation Loss from External Floating 
Roof Tanks, Second Edition, February 1980, IBR approved January 27, 
1983, for Sec. Sec. 60.111(i), 60.111a(f), 60.111a(f)(1) and 
60.116b(e)(2)(i).
    (d) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), Dunwoody 
Park, Atlanta, GA 30341.
    (1) TAPPI Method T624 os-68, IBR approved January 27, 1983 for Sec. 
60.285(d)(3).
    (e) The following material is available for purchase from the Water 
Pollution Control Federation (WPCF), 2626 Pennsylvania Avenue NW., 
Washington, DC 20037.
    (1) Method 209A, Total Residue Dried at 103-105 [deg]C, in Standard 
Methods for the Examination of Water and Wastewater, 15th Edition, 1980, 
IBR approved February 25, 1985 for Sec. 60.683(b).
    (f) The following material is available for purchase from the 
following address: Underwriter's Laboratories, Inc. (UL), 333 Pfingsten 
Road, Northbrook, IL 60062.
    (1) UL 103, Sixth Edition revised as of September 3, 1986, Standard 
for Chimneys, Factory-built, Residential Type and Building Heating 
Appliance.
    (g) The following material is available for purchase from the 
following address: West Coast Lumber Inspection Bureau, 6980 SW. Barnes 
Road, Portland, OR 97223.
    (1) West Coast Lumber Standard Grading Rules No. 16, pages 5-21 and 
90 and 91, September 3, 1970, revised 1984.
    (h) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016-5990.
    (1) ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators, IBR approved for 
Sec. Sec. 60.56a, 60.54b(a), 60.54b(b), 60.1185(a), 60.1185(c)(2), 
60.1675(a), and 60.1675(c)(2).
    (2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test Code 
for Steam Generating Units (with 1968 and 1969 Addenda), IBR approved 
for Sec. Sec. 60.46b of subpart Db of this part, 60.58a(h)(6)(ii), 
60.58b(i)(6)(ii), 60.1320(a)(3) and 60.1810(a)(3).
    (3) ASME Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved 
for Sec. Sec. 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 60.1320(a)4), and 
60.1810(a)(4).
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of 
subpart EEEE, Tables 2 and 4 of subpart FFFF, and Sec. Sec. 
60.4415(a)(2) and 60.4415(a)(3) of subpart KKKK of this part.
    (i) Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846 Third Edition (November 1986), as 
amended by Updates I (July 1992), II (September 1994), IIA (August, 
1993), IIB (January 1995), and III (December 1996). This document may be 
obtained from the U.S. EPA, Office of Solid Waste and Emergency 
Response, Waste Characterization Branch, Washington, DC 20460, and is 
incorporated by reference for appendix A to part 60, Method 29, Sections 
7.5.34; 9.2.1; 9.2.3; 10.2; 10.3; 11.1.1; 11.1.3; 13.2.1; 13.2.2; 
13.3.1; and Table 29-3.
    (j) ``Standard Methods for the Examination of Water and 
Wastewater,'' 16th edition, 1985. Method 303F: ``Determination of 
Mercury by the Cold Vapor Technique.'' This document may be obtained 
from the American Public Health Association, 1015 18th Street, NW., 
Washington, DC 20036, and is incorporated by reference for appendix A to 
part 60, Method 29, Sections 9.2.3; 10.3; and 11.1.3.
    (k) This material is available for purchase from the American 
Hospital Association (AHA) Service, Inc., Post Office Box 92683, 
Chicago, Illinois 60675-2683. You may inspect a copy at EPA's Air and 
Radiation Docket and Information Center (Docket A-91-61, Item IV-J-124), 
Room M-1500, 1200 Pennsylvania Ave., NW., Washington, DC.
    (1) An Ounce of Prevention: Waste Reduction Strategies for Health 
Care Facilities. American Society for Health Care Environmental Services 
of the American Hospital Association. Chicago, Illinois. 1993. AHA 
Catalog No. 057007. ISBN 0-87258-673-5. IBR approved for Sec. 60.35e 
and Sec. 60.55c.

[[Page 85]]

    (l) This material is available for purchase from the National 
Technical Information Services, 5285 Port Royal Road, Springfield, 
Virginia 22161. You may inspect a copy at EPA's Air and Radiation Docket 
and Information Center (Docket A-91-61, Item IV-J-125), Room M-1500, 
1200 Pennsylvania Ave., NW., Washington, DC.
    (1) OMB Bulletin No. 93-17: Revised Statistical Definitions for 
Metropolitan Areas. Office of Management and Budget, June 30, 1993. NTIS 
No. PB 93-192-664. IBR approved for Sec. 60.31e.
    (m) This material is available for purchase from at least one of the 
following addresses: The Gas Processors Association, 6526 East 60th 
Street, Tulsa, OK, 74145; or Information Handling Services, 15 Inverness 
Way East, PO Box 1154, Englewood, CO 80150-1154. You may inspect a copy 
at EPA's Air and Radiation Docket and Information Center, Room B108, 
1301 Constitution Ave., NW., Washington, DC 20460.
    (1) Gas Processors Association Method 2377-86, Test for Hydrogen 
Sulfide and Carbon Dioxide in Natural Gas Using Length of Stain Tubes, 
IBR approved for Sec. Sec. 60.334(h)(1), 60.4360, and 
60.4415(a)(1)(ii).
    (2) [Reserved]

[48 FR 3735, Jan. 27, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 
60.17, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 60.18  General control device requirements.

    (a) Introduction. This section contains requirements for control 
devices used to comply with applicable subparts of parts 60 and 61. The 
requirements are placed here for administrative convenience and only 
apply to facilities covered by subparts referring to this section.
    (b) Flares. Paragraphs (c) through (f) apply to flares.
    (c)(1) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (f), 
except for periods not to exceed a total of 5 minutes during any 2 
consecutive hours.
    (2) Flares shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f).
    (3) An owner/operator has the choice of adhering to either the heat 
content specifications in paragraph (c)(3)(ii) of this section and the 
maximum tip velocity specifications in paragraph (c)(4) of this section, 
or adhering to the requirements in paragraph (c)(3)(i) of this section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume), or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, 
Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

Where:

Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77. (Incorporated by reference as specified in Sec. 
60.17).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (f)(4) of this section.
    (ii) Flares shall be used only with the net heating value of the gas 
being combusted being 11.2 MJ/scm (300 Btu/scf) or greater if the flare 
is steam-assisted or air-assisted; or with the net heating value of the 
gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the 
flare is nonassisted. The net heating value of the gas being combusted 
shall be determined by the methods specified in paragraph (f)(3) of this 
section.
    (4)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (f)(4) of this section, less than 18.3 m/sec (60 
ft/sec), except as provided in paragraphs (c)(4) (ii) and (iii) of this 
section.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (f)(4), equal to or greater than 18.3 m/sec (60

[[Page 86]]

ft/sec) but less than 122 m/sec (400 ft/sec) are allowed if the net 
heating value of the gas being combusted is greater than 37.3 MJ/scm 
(1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (f)(4), less than the velocity, Vmax, as 
determined by the method specified in paragraph (f)(5), and less than 
122 m/sec (400 ft/sec) are allowed.
    (5) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity, Vmax, as determined by the 
method specified in paragraph (f)(6).
    (6) Flares used to comply with this section shall be steam-assisted, 
air-assisted, or nonassisted.
    (d) Owners or operators of flares used to comply with the provisions 
of this subpart shall monitor these control devices to ensure that they 
are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators of flares shall monitor these control devices.
    (e) Flares used to comply with provisions of this subpart shall be 
operated at all times when emissions may be vented to them.
    (f)(1) Method 22 of appendix A to this part shall be used to 
determine the compliance of flares with the visible emission provisions 
of this subpart. The observation period is 2 hours and shall be used 
according to Method 22.
    (2) The presence of a flare pilot flame shall be monitored using a 
thermocouple or any other equivalent device to detect the presence of a 
flame.
    (3) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.008

where:

HT=Net heating value of the sample, MJ/scm; where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to one mole is 20 [deg]C;
[GRAPHIC] [TIFF OMITTED] TC01JN92.009

Ci=Concentration of sample component i in ppm on a wet basis, 
as measured for organics by Reference Method 18 and measured for 
hydrogen and carbon monoxide by ASTM D1946-77 or 90 (Reapproved 1994) 
(Incorporated by reference as specified in Sec. 60.17); and
Hi=Net heat of combustion of sample component i, kcal/g mole 
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined 
using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as 
specified in Sec. 60.17) if published values are not available or 
cannot be calculated.

    (4) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D as 
appropriate; by the unobstructed (free) cross sectional area of the 
flare tip.
    (5) The maximum permitted velocity, Vmax, for flares 
complying with paragraph (c)(4)(iii) shall be determined by the 
following equation.
Log10 (Vmax)=(HT+28.8)/31.7

Vmax=Maximum permitted velocity, M/sec
28.8=Constant
31.7=Constant
HT=The net heating value as determined in paragraph (f)(3).

    (6) The maximum permitted velocity, Vmax, for air-
assisted flares shall be determined by the following equation.
Vmax=8.706+0.7084 (HT)

Vmax=Maximum permitted velocity, m/sec
8.706=Constant
0.7084=Constant

[[Page 87]]

HT=The net heating value as determined in paragraph (f)(3).

[51 FR 2701, Jan. 21, 1986, as amended at 63 FR 24444, May 4, 1998; 65 
FR 61752, Oct. 17, 2000]



Sec. 60.19  General notification and reporting requirements.

    (a) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (b) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to the 
Administrator, the owner or operator shall postmark the submittal on or 
before the number of days specified in the applicable requirement. For 
example, if a notification must be submitted 15 days before a particular 
event is scheduled to take place, the notification shall be postmarked 
on or before 15 days preceding the event; likewise, if a notification 
must be submitted 15 days after a particular event takes place, the 
notification shall be delivered or postmarked on or before 15 days 
following the end of the event. The use of reliable non-Government mail 
carriers that provide indications of verifiable delivery of information 
required to be submitted to the Administrator, similar to the postmark 
provided by the U.S. Postal Service, or alternative means of delivery, 
including the use of electronic media, agreed to by the permitting 
authority, is acceptable.
    (c) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (d) If an owner or operator of an affected facility in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such facility under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. The allowance in the previous sentence 
applies in each State beginning 1 year after the affected facility is 
required to be in compliance with the applicable subpart in this part. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (e) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 61, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which periodic reports required by each applicable standard 
shall be submitted throughout the year. The allowance in the previous 
sentence applies in each State beginning 1 year after the stationary 
source is required to be in compliance with the applicable subpart in 
this part, or 1 year after the stationary source is required to be in 
compliance with the applicable 40 CFR part 61 or part 63 of this chapter 
standard, whichever is latest. Procedures governing the implementation 
of this provision are specified in paragraph (f) of this section.
    (f)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (f)(2) and 
(f)(3) of this section, the owner or operator of an affected facility 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (f)(2) and (f)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.

[[Page 88]]

    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

[59 FR 12428, Mar. 16, 1994, as amended at 64 FR 7463, Feb. 12, 1998]



     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

    Source: 40 FR 53346, Nov. 17, 1975, unless otherwise noted.



Sec. 60.20  Applicability.

    The provisions of this subpart apply to States upon publication of a 
final guideline document under Sec. 60.22(a).



Sec. 60.21  Definitions.

    Terms used but not defined in this subpart shall have the meaning 
given them in the Act and in subpart A:
    (a) Designated pollutant means any air pollutant, the emissions of 
which are subject to a standard of performance for new stationary 
sources, but for which air quality criteria have not been issued and 
that is not included on a list published under section 108(a) of the 
Act. Designated pollutant also means any air pollutant, the emissions of 
which are subject to a standard of performance for new stationary 
sources, that is on the section 112(b)(1) list and is emitted from a 
facility that is not part of a source category regulated under section 
112. Designated pollutant does not include pollutants on the section 
112(b)(1) list that are emitted from a facility that is part of a source 
category regulated under section 112.
    (b) Designated facility means any existing facility (see Sec. 
60.2(aa)) which emits a designated pollutant and which would be subject 
to a standard of performance for that pollutant if the existing facility 
were an affected facility (see Sec. 60.2(e)).
    (c) Plan means a plan under section 111(d) of the Act which 
establishes emission standards for designated pollutants from designated 
facilities and provides for the implementation and enforcement of such 
emission standards.
    (d) Applicable plan means the plan, or most recent revision thereof, 
which has been approved under Sec. 60.27(b) or promulgated under Sec. 
60.27(d).
    (e) Emission guideline means a guideline set forth in subpart C of 
this part, or in a final guideline document published under Sec. 
60.22(a), which reflects the degree of emission reduction achievable 
through the application of the best system of emission reduction which 
(taking into account the cost of such reduction) the Administrator has 
determined has been adequately demonstrated for designated facilities.
    (f) Emission standard means a legally enforceable regulation setting 
forth an allowable rate of emissions into the atmosphere, establishing 
an allowance system, or prescribing equipment specifications for control 
of air pollution emissions.
    (g) Compliance schedule means a legally enforceable schedule 
specifying a date or dates by which a source or category of sources must 
comply with specific emission standards contained in a

[[Page 89]]

plan or with any increments of progress to achieve such compliance.
    (h) Increments of progress means steps to achieve compliance which 
must be taken by an owner or operator of a designated facility, 
including:
    (1) Submittal of a final control plan for the designated facility to 
the appropriate air pollution control agency;
    (2) Awarding of contracts for emission control systems or for 
process modifications, or issuance of orders for the purchase of 
component parts to accomplish emission control or process modification;
    (3) Initiation of on-site construction or installation of emission 
control equipment or process change;
    (4) Completion of on-site construction or installation of emission 
control equipment or process change; and
    (5) Final compliance.
    (i) Region means an air quality control region designated under 
section 107 of the Act and described in part 81 of this chapter.
    (j) Local agency means any local governmental agency.
    (k) Allowance system means a control program under which the owner 
or operator of each designated facility is required to hold an 
authorization for each specified unit of a designated pollutant emitted 
from that facility during a specified period and which limits the total 
amount of such authorizations available to be held for a designated 
pollutant for a specified period and allows the transfer of such 
authorizations not used to meet the authorization-holding requirement.

[40 FR 53346, Nov. 17, 1975, as amended at 70 FR 28649, May 18, 2005]



Sec. 60.22  Publication of guideline documents, emission guidelines, 

and final compliance times.

    (a) Concurrently upon or after proposal of standards of performance 
for the control of a designated pollutant from affected facilities, the 
Administrator will publish a draft guideline document containing 
information pertinent to control of the designated pollutant form 
designated facilities. Notice of the availability of the draft guideline 
document will be published in the Federal Register and public comments 
on its contents will be invited. After consideration of public comments 
and upon or after promulgation of standards of performance for control 
of a designated pollutant from affected facilities, a final guideline 
document will be published and notice of its availability will be 
published in the Federal Register.
    (b) Guideline documents published under this section will provide 
information for the development of State plans, such as:
    (1) Information concerning known or suspected endangerment of public 
health or welfare caused, or contributed to, by the designated 
pollutant.
    (2) A description of systems of emission reduction which, in the 
judgment of the Administrator, have been adequately demonstrated.
    (3) Information on the degree of emission reduction which is 
achievable with each system, together with information on the costs and 
environmental effects of applying each system to designated facilities.
    (4) Incremental periods of time normally expected to be necessary 
for the design, installation, and startup of identified control systems.
    (5) An emission guideline that reflects the application of the best 
system of emission reduction (considering the cost of such reduction) 
that has been adequately demonstrated for designated facilities, and the 
time within which compliance with emission standards of equivalent 
stringency can be achieved. The Administrator will specify different 
emission guidelines or compliance times or both for different sizes, 
types, and classes of designated facilities when costs of control, 
physical limitations, geographical location, or similar factors make 
subcategorization appropriate. (6) Such other available information as 
the Administrator determines may contribute to the formulation of State 
plans.
    (c) Except as provided in paragraph (d)(1) of this section, the 
emission guidelines and compliance times referred to in paragraph (b)(5) 
of this section will be proposed for comment upon publication of the 
draft guideline document, and after consideration of comments will be 
promulgated in subpart C of this part with such modifications as may be 
appropriate.

[[Page 90]]

    (d)(1) If the Administrator determines that a designated pollutant 
may cause or contribute to endangerment of public welfare, but that 
adverse effects on public health have not been demonstrated, he will 
include the determination in the draft guideline document and in the 
Federal Register notice of its availability. Except as provided in 
paragraph (d)(2) of this section, paragraph (c) of this section shall be 
inapplicable in such cases.
    (2) If the Administrator determines at any time on the basis of new 
information that a prior determination under paragraph (d)(1) of this 
section is incorrect or no longer correct, he will publish notice of the 
determination in the Federal Register, revise the guideline document as 
necessary under paragraph (a) of this section, and propose and 
promulgate emission guidelines and compliance times under paragraph (c) 
of this section.

[40 FR 53346, Nov. 17, 1975, as amended at 54 FR 52189, Dec. 20, 1989]



Sec. 60.23  Adoption and submittal of State plans; public hearings.

    (a)(1) Unless otherwise specified in the applicable subpart, within 
9 months after notice of the availability of a final guideline document 
is published under Sec. 60.22(a), each State shall adopt and submit to 
the Administrator, in accordance with Sec. 60.4 of subpart A of this 
part, a plan for the control of the designated pollutant to which the 
guideline document applies.
    (2) Within nine months after notice of the availability of a final 
revised guideline document is published as provided in Sec. 
60.22(d)(2), each State shall adopt and submit to the Administrator any 
plan revision necessary to meet the requirements of this subpart.
    (b) If no designated facility is located within a State, the State 
shall submit a letter of certification to that effect to the 
Administrator within the time specified in paragraph (a) of this 
section. Such certification shall exempt the State from the requirements 
of this subpart for that designated pollutant.
    (c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this 
section, the State shall, prior to the adoption of any plan or revision 
thereof, conduct one or more public hearings within the State on such 
plan or plan revision.
    (2) No hearing shall be required for any change to an increment of 
progress in an approved compliance schedule unless the change is likely 
to cause the facility to be unable to comply with the final compliance 
date in the schedule.
    (3) No hearing shall be required on an emission standard in effect 
prior to the effective date of this subpart if it was adopted after a 
public hearing and is at least as stringent as the corresponding 
emission guideline specified in the applicable guideline document 
published under Sec. 60.22(a).
    (d) Any hearing required by paragraph (c) of this section shall be 
held only after reasonable notice. Notice shall be given at least 30 
days prior to the date of such hearing and shall include:
    (1) Notification to the public by prominently advertising the date, 
time, and place of such hearing in each region affected;
    (2) Availability, at the time of public announcement, of each 
proposed plan or revision thereof for public inspection in at least one 
location in each region to which it will apply;
    (3) Notification to the Administrator;
    (4) Notification to each local air pollution control agency in each 
region to which the plan or revision will apply; and
    (5) In the case of an interstate region, notification to any other 
State included in the region.
    (e) The State shall prepare and retain, for a minimum of 2 years, a 
record of each hearing for inspection by any interested party. The 
record shall contain, as a minimum, a list of witnesses together with 
the text of each presentation.
    (f) The State shall submit with the plan or revision:
    (1) Certification that each hearing required by paragraph (c) of 
this section was held in accordance with the notice required by 
paragraph (d) of this section; and
    (2) A list of witnesses and their organizational affiliations, if 
any, appearing at the hearing and a brief written summary of each 
presentation or written submission.

[[Page 91]]

    (g) Upon written application by a State agency (through the 
appropriate Regional Office), the Administrator may approve State 
procedures designed to insure public participation in the matters for 
which hearings are required and public notification of the opportunity 
to participate if, in the judgment of the Administrator, the procedures, 
although different from the requirements of this subpart, in fact 
provide for adequate notice to and participation of the public. The 
Administrator may impose such conditions on his approval as he deems 
necessary. Procedures approved under this section shall be deemed to 
satisfy the requirements of this subpart regarding procedures for public 
hearings.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]



Sec. 60.24  Emission standards and compliance schedules.

    (a) Each plan shall include emission standards and compliance 
schedules.
    (b)(1) Emission standards shall either be based on an allowance 
system or prescribe allowable rates of emissions except when it is 
clearly impracticable.
    (2) Test methods and procedures for determining compliance with the 
emission standards shall be specified in the plan. Methods other than 
those specified in appendix A to this part may be specified in the plan 
if shown to be equivalent or alternative methods as defined in Sec. 
60.2 (t) and (u).
    (3) Emission standards shall apply to all designated facilities 
within the State. A plan may contain emission standards adopted by local 
jurisdictions provided that the standards are enforceable by the State.
    (c) Except as provided in paragraph (f) of this section, where the 
Administrator has determined that a designated pollutant may cause or 
contribute to endangerment of public health, emission standards shall be 
no less stringent than the corresponding emission guideline(s) specified 
in subpart C of this part, and final compliance shall be required as 
expeditiously as practicable but no later than the compliance times 
specified in subpart C of this part.
    (d) Where the Administrator has determined that a designated 
pollutant may cause or contribute to endangerment of public welfare but 
that adverse effects on public health have not been demonstrated, States 
may balance the emission guidelines, compliance times, and other 
information provided in the applicable guideline document against other 
factors of public concern in establishing emission standards, compliance 
schedules, and variances. Appropriate consideration shall be given to 
the factors specified in Sec. 60.22(b) and to information presented at 
the public hearing(s) conducted under Sec. 60.23(c).
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec. 60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
    (2) A plan may provide that compliance schedules for individual 
sources or categories of sources will be formulated after plan 
submittal. Any such schedule shall be the subject of a public hearing 
held according to Sec. 60.23 and shall be submitted to the 
Administrator within 60 days after the date of adoption of the schedule 
but in no case later than the date prescribed for submittal of the first 
semiannual report required by Sec. 60.25(e).
    (f) Unless otherwise specified in the applicable subpart on a case-
by-case basis for particular designated facilities or classes of 
facilities, States may provide for the application of less stringent 
emissions standards or longer compliance schedules than those otherwise 
required by paragraph (c) of this section, provided that the State 
demonstrates with respect to each such facility (or class of 
facilities):
    (1) Unreasonable cost of control resulting from plant age, location, 
or basic process design;
    (2) Physical impossibility of installing necessary control 
equipment; or

[[Page 92]]

    (3) Other factors specific to the facility (or class of facilities) 
that make application of a less stringent standard or final compliance 
time significantly more reasonable.
    (g) Nothing in this subpart shall be construed to preclude any State 
or political subdivision thereof from adopting or enforcing (1) emission 
standards more stringent than emission guidelines specified in subpart C 
of this part or in applicable guideline documents or (2) compliance 
schedules requiring final compliance at earlier times than those 
specified in subpart C or in applicable guideline documents.
    (h) Each of the States identified in paragraph (h)(1) of this 
section shall be subject to the requirements of paragraphs (h)(2) 
through (7) of this section.
    (1) Alaska, Alabama, Arkansas, Arizona, California, Colorado, 
Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 
Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, 
Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the 
District of Columbia shall each, and, if approved for treatment as a 
State under part 49 of this chapter, the Navajo Nation and the Ute 
Indian Tribe may each, submit a State plan meeting the requirements of 
paragraphs (h)(2) through (7) of this section and the other applicable 
requirements for a State plan under this subpart.
    (2) The State's State plan under paragraph (h)(1) of this section 
must be submitted to the Administrator by no later than November 17, 
2006. The State shall deliver five copies of the State plan to the 
appropriate Regional Office, with a letter giving notice of such action.
    (3) The State's State plan under paragraph (h)(1) of this section 
shall contain emission standards and compliance schedules and 
demonstrate that they will result in compliance with the State's annual 
electrical generating unit (EGU) mercury (Hg) budget for the appropriate 
periods. The amount of the annual EGU Hg budget, in tons of Hg per year, 
shall be as follows, for the indicated State for the indicated period:

------------------------------------------------------------------------
                                                  Annual EGU Hg budget
                                                         (tons)
                     State                     -------------------------
                                                               2018 and
                                                 2010-2017    thereafter
------------------------------------------------------------------------
Alaska........................................        0.010        0.004
Alabama.......................................        1.289        0.509
Arkansas......................................        0.516        0.204
Arizona.......................................        0.454        0.179
California....................................        0.041        0.016
Colorado......................................        0.706        0.279
Connecticut...................................        0.053        0.021
Delaware......................................        0.072        0.028
Florida.......................................        1.232        0.487
Georgia.......................................        1.227        0.484
Hawaii........................................        0.024        0.009
Iowa..........................................        0.727        0.287
Illinois......................................        1.594        0.629
Indiana.......................................        2.097        0.828
Kansas........................................        0.723        0.285
Kentucky......................................        1.525        0.602
Louisiana.....................................        0.601        0.237
Massachusetts.................................        0.172        0.068
Maryland......................................        0.490        0.193
Maine.........................................        0.001        0.001
Michigan......................................        1.303        0.514
Minnesota.....................................        0.695        0.274
Missouri......................................        1.393        0.550
Mississippi...................................        0.291        0.115
Montana.......................................        0.377        0.149
Navajo Nation.................................        0.600        0.237
North Carolina................................        1.133        0.447
North Dakota..................................        1.564        0.617
Nebraska......................................        0.421        0.166
New Hampshire.................................        0.063        0.025
New Jersey....................................        0.153        0.060
New Mexico....................................        0.299        0.118
Nevada........................................        0.285        0.112
New York......................................        0.393        0.155
Ohio..........................................        2.056        0.812
Oklahoma......................................        0.721        0.285
Oregon........................................        0.076        0.030
Pennsylvania..................................        1.779        0.702
South Carolina................................        0.580        0.229
South Dakota..................................        0.072        0.029
Tennessee.....................................        0.944        0.373
Texas.........................................        4.656        1.838
Utah..........................................        0.506        0.200
Ute Indian Tribe..............................        0.060        0.024
Virginia......................................        0.592        0.234
Washington....................................        0.198        0.078
Wisconsin.....................................        0.890        0.351
West Virginia.................................        1.394        0.550
Wyoming.......................................        0.952        0.376
                                               -------------------------
    Total.....................................       38.000       15.000
------------------------------------------------------------------------

    (4) Each State plan under paragraph (h)(1) of this section shall 
require EGUs to comply with the monitoring, record keeping, and 
reporting provisions of part 75 of this chapter with regard to Hg mass 
emissions.
    (5) In addition to meeting the requirements of Sec. 60.26, each 
State plan under paragraph (h)(1) of this section

[[Page 93]]

must show that the State has legal authority to:
    (i) Adopt emissions standards and compliance schedules necessary for 
attainment and maintenance of the State's relevant annual EGU Hg budget 
under paragraph (h)(3) of this section; and
    (ii) Require owners or operators of EGUs in the State to meet the 
monitoring, record keeping, and reporting requirements described in 
paragraph (h)(4) of this section.
    (6)(i) Notwithstanding the provisions of paragraphs (h)(3) and 
(5)(i) of this section, if a State adopts regulations substantively 
identical to subpart HHHH of this part (Hg Budget Trading Program), 
incorporates such subpart by reference into its regulations, or adopts 
regulations that differ substantively from such subpart only as set 
forth in paragraph (h)(6)(ii) of this section, then such allowance 
system in the State's State plan is automatically approved as meeting 
the requirements of paragraph (h)(3) of this section, provided that the 
State demonstrates that it has the legal authority to take such action 
and to implement its responsibilities under such regulations.
    (ii) If a State adopts an allowance system that differs 
substantively from subpart HHHH of this part only as follows, then the 
emissions trading program is approved as set forth in paragraph 
(h)(6)(i) of this section.
    (A) The State may decline to adopt the allocation provisions set 
forth in Sec. Sec. 60.4141 and 60.4142 and may instead adopt any 
methodology for allocating Hg allowances.
    (B) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must not allow the State to allocate Hg allowances for a year in 
excess of the amount in the State's annual EGU Hg budget for such year 
under paragraph (h)(3) of this section;
    (C) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must require that, for EGUs commencing operation before January 
1, 2001, the State will determine, and notify the Administrator of, each 
unit's allocation of Hg allowances by November 17, 2006 for 2010, 2011, 
and 2012 and by October 31, 2009 and October 31 of each year thereafter 
for the fourth year after the year of the notification deadline; and
    (D) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must require that, for EGUs commencing operation on or after 
January 1, 2001, the State will determine, and notify the Administrator 
of, each unit's allocation of Hg allowances by October 31 of the year 
for which the Hg allowances are allocated.
    (7) If a State adopts an allowance system that differs substantively 
from subpart HHHH of this part, other than as set forth in paragraph 
(h)(6)(ii) of this section, then such allowance system is not 
automatically approved as set forth in paragraph (h)(6)(i) or (ii) of 
this section and will be reviewed by the Administrator for approvability 
in accordance with the other provisions of paragraphs (h)(2) through (5) 
of this section and the other applicable requirements for a State plan 
under this subpart, provided that the Hg allowances issued under such 
allowance system shall not, and the State plan under paragraph (h)(1) of 
this section shall state that such Hg allowances shall not, qualify as 
Hg allowances under any allowance system approved under paragraph 
(h)(6)(i) or (ii) of this section.
    (8) The terms used in this paragraph (h) shall have the following 
meanings:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or the Administrator's duly authorized 
representative.
    Allocate or allocation means, with regard to Hg allowances, the 
determination of the amount of Hg allowances to be initially credited to 
a source.
    Boiler means an enclosed fossil-or other fuel-fired combustion 
device used to produce heat and to transfer heat to recirculating water, 
steam, or other medium.
    Bottoming-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to produce useful thermal 
energy and at least some of the reject heat from the useful thermal 
energy application or process is then used for electricity production.

[[Page 94]]

    Coal means any solid fuel classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials (ASTM) Standard Specification for Classification of Coals by 
Rank D388-77, 90, 91, 95, 98a, or 99 (Reapproved 2004) [epsiv]\1\ 
(incorporated by reference, see Sec. 60.17).
    Coal-derived fuel means any fuel (whether in a solid, liquid, or 
gaseous state) produced by the mechanical, thermal, or chemical 
processing of coal.
    Coal-fired means combusting any amount of coal or coal-derived fuel, 
alone or in combination with any amount of any other fuel, during any 
year.
    Cogeneration unit means a stationary, coal-fired boiler or 
stationary, coal-fired combustion turbine:
    (1) Having equipment used to produce electricity and useful thermal 
energy for industrial, commercial, heating, or cooling purposes through 
the sequential use of energy; and
    (2) Producing during the 12-month period starting on the date the 
unit first produces electricity and during any calendar year after which 
the unit first produces electricity:
    (i) For a topping-cycle cogeneration unit,
    (A) Useful thermal energy not less than 5 percent of total energy 
output; and
    (B) Useful power that, when added to one-half of useful thermal 
energy produced, is not less then 42.5 percent of total energy input, if 
useful thermal energy produced is 15 percent or more of total energy 
output, or not less than 45 percent of total energy input, if useful 
thermal energy produced is less than 15 percent of total energy output.
    (ii) For a bottoming-cycle cogeneration unit, useful power not less 
than 45 percent of total energy input.
    Combustion turbine means:
    (1) An enclosed device comprising a compressor, a combustion, and a 
turbine and in which the flue gas resulting from the combustion of fuel 
in the combustion passes through the turbine, rotating the turbine; and
    (2) If the enclosed device under paragraph (1) of this definition is 
combined cycle, any associated heat recovery steam generator and steam 
turbine.
    Commence operation means to have begun any mechanical, chemical, or 
electronic process, including, with regard to a unit, start-up of a 
unit's combustion chamber.
    Electric generating unit or EGU means:
    (1)(i) Except as provided in paragraphs (2) and (3) of this 
definition, a stationary, coal-fired boiler or stationary, coal-fired 
combustion turbine in the State serving at any time, since the later of 
November 15, 1990 or the start-up of the unit's combustion chamber, a 
generator with nameplate capacity of more than 25 megawatts electric 
(MWe) producing electricity for sale.
    (ii) If a stationary boiler or stationary combustion turbine that, 
under paragraph (1)(i) of this definition, is not an electric generating 
unit begins to combust coal or coal-derived fuel or to serve a generator 
with nameplate capacity of more than 25 MWe producing electricity for 
sale, the unit shall become an electric generating unit as provided in 
paragraph (1)(i) of this definition on the first date on which it both 
combusts coal or coal-derived fuel and serves such generator.
    (2) A unit that meets the requirements set forth in paragraph 
(2)(i)(A) of this definition shall not be an electric generating unit:
    (i)(A) A unit that is an electric generating unit under paragraph 
(1)(i) or (ii) of this definition:
    (1) Qualifying as a cogeneration unit during the 12-month period 
starting on the date the unit first produces electricity and continuing 
to qualify as a cogeneration unit; and
    (2) Not serving at any time, since the later of November 15, 1990 or 
the start-up of the unit's combustion chamber, a generator with 
nameplate capacity of more than 25 MWe supplying in any calendar year 
more than one-third of the unit's potential electric output capacity or 
219,000 megawatt-hours (MWh), whichever is greater, to any utility power 
distribution system for sale.
    (B) If a unit qualifies as a cogeneration unit during the 12-month 
period starting on the date the unit first produces electricity and 
meets the requirements of paragraph (2)(i)(A) of this definition for at 
least one calendar

[[Page 95]]

year, but subsequently no longer meets all such requirements, the unit 
shall become an electric generating unit starting on the earlier of 
January 1 after the first calendar year during which the unit first no 
longer qualifies as a cogeneration unit or January 1 after the first 
calendar year during which the unit no longer meets the requirements of 
paragraph (2)(i)(A)(2) of this definition.
    (3) A ``solid waste incineration unit'' as defined in Clean Air Act 
section 129(g)(1) combusting ``municipal waste'' as defined in Clean Air 
Act section 129(g)(5) shall not be an electric generating unit if it is 
subject to one of the following rules:
    (i) An EPA-approved State plan for implementing subpart Cb of part 
60 of this chapter, ``Emissions Guidelines and Compliance Times for 
Large Municipal Waste Combustors That Are Constructed On or Before 
September 20, 1994'';
    (ii) Subpart Eb of part 60 of this chapter, ``Standards of 
Performance for Large Municipal Waste Combustors for Which Construction 
is Commenced After September 20, 1994 or for Which Modification or 
Reconstruction is Commenced After June 19, 1996'';
    (iii) Subpart AAAA of part 60 of this chapter, ``Standards of 
Performance for Small Municipal Waste Combustors for Which Construction 
is Commenced After August 30, 1999 or for Which Modification or 
Reconstruction is Commenced After June 6, 2001'';
    (iv) An EPA-approved State Plan for implementing subpart BBBB of 
part 60 of this chapter, ``Emission Guidelines and Compliance Times for 
Small Municipal Waste Combustion Units Constructed On or Before August 
30, 1999'';
    (v) Subpart FFF of part 62 of this chapter, ``Federal Plan 
Requirements for Large Municipal Waste Combustors Constructed On or 
Before September 20, 1994; or
    (vi) Subpart JJJ of 40 CFR part 62, ``Federal Plan Requirements for 
Small Municipal Waste Combustion Units Constructed On or Before August 
30, 1999''.
    Generator means a device that produces electricity.
    Gross electrical output means, with regard to a cogeneration unit, 
electricity made available for use, including any such electricity used 
in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Gross thermal energy means, with regard to a cogeneration unit, 
useful thermal energy output plus, where such output is made available 
for an industrial or commercial process, any heat contained in 
condensate return or makeup water.
    Heat input means, with regard to a specified period of time, the 
product (in million British thermal units per unit time, MMBTU/time) of 
the gross calorific value of the fuel (in Btu per pound, Btu/lb) divided 
by 1,000,000 Btu/MMBTU and multiplied by the fuel feed rate into a 
combustion device (in lb of fuel/time), as measured, recorded, and 
reported to the Administrator by the Hg designated representative and 
determined by the Administrator in accordance with Sec. Sec. 60.4170 
through 60.4176 and excluding the heat derived from preheated combustion 
air, reticulated flue gases, or exhaust from other sources.
    Hg allowance means a limited authorization issued by the permitting 
authority to emit one ounce of Hg during a control period of the 
specified calendar year for which the authorization is allocated or of 
any calendar year thereafter.
    Life-of-the-unit, firm power contractual arrangement means a unit 
participation power sales agreement under which a customer reserves, or 
is entitled to receive, a specified amount or percentage of nameplate 
capacity and associated energy generated by any specified unit and pays 
its proportional amount of such unit's total costs, pursuant to a 
contract:
    (1) For the life of the unit;
    (2) For a cumulative term of no less than 30 years, including 
contracts that permit an election for early termination; or
    (3) For a period no less than 25 years or 70 percent of the economic 
useful life of the unit determined as of the time the unit is built, 
with option

[[Page 96]]

rights to purchase or release some portion of the nameplate capacity and 
associated energy generated by the unit at the end of the period.
    Maximum design heat input means, starting from the initial 
installation of a unit, the maximum amount of fuel per hour (in Btu/hr) 
that a unit is capable of combusting on a steady-state basis as 
specified by the manufacturer of the unit, or, starting from the 
completion of any subsequent physical change in the unit resulting in a 
decrease in the maximum amount of fuel per hour (in Btu per hour, Btu/
hr) that a unit is capable of combusting on a steady-state basis, such 
decreased maximum amount as specified by the person conducting the 
physical change.
    Nameplate capacity means, starting from the initial installation of 
a generator, the maximum electrical generating output (in MW) that the 
generator is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other derates) 
as specified by the manufacturer of the generator or, starting from the 
completion of any subsequent physical change in the generator resulting 
in an increase in the maximum electrical generating output (in MW) that 
the generator is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other derates), 
such increased maximum amount as specified by the person conducting the 
physical change.
    Operator means any person who operates, controls, or supervises an 
EGU or a source that includes an EGU and shall include, but not be 
limited to, any holding company, utility system, or plant manager of 
such EGU or source.
    Ounce means 2.84 x 10\7\ micrograms.
    Owner means any of the following persons:
    (1) With regard to a Hg Budget source or a Hg Budget unit at a 
source, respectively:
    (i) Any holder of any portion of the legal or equitable title in a 
Hg Budget unit at the source or the Hg Budget unit;
    (ii) Any holder of a leasehold interest in a Hg Budget unit at the 
source or the Hg Budget unit; or
    (iii) Any purchaser of power from a Hg Budget unit at the source or 
the Hg Budget unit under a life-of-the-unit, firm power contractual 
arrangement; provided that, unless expressly provided for in a leasehold 
agreement, owner shall not include a passive lessor, or a person who has 
an equitable interest through such lessor, whose rental payments are not 
based (either directly or indirectly) on the revenues or income from 
such Hg Budget unit; or
    (2) With regard to any general account, any person who has an 
ownership interest with respect to the Hg allowances held in the general 
account and who is subject to the binding agreement for the Hg 
authorized account representative to represent the person's ownership 
interest with respect to Hg allowances.
    Potential electrical output capacity means 33 percent of a unit's 
maximum design heat input, divided by 3,413 Btu per kilowatt-hour (Btu/
kWh), divided by 1,000 kWh per megawatt-hour (kWh/MWh), and multiplied 
by 8,760 hr/yr.
    Sequential use of energy means:
    (1) For a topping-cycle cogeneration unit, the use of reject heat 
from electricity production in a useful thermal energy application or 
process; or
    (2) For a bottoming-cycle cogeneration unit, the use of reject heat 
from seful thermal energy application or process in electricity 
production.
    Source means all buildings, structures, or installations located in 
one or more contiguous or adjacent properties under common control of 
the same person or persons.
    State means:
    (1) For purposes of referring to a governing entity, one of the 
States in the United States, the District of Columbia, or, if approved 
for treatment as a State under part 49 of this chapter, the Navajo 
Nation or Ute Indian Tribe that adopts the Hg Budget Trading Program 
pursuant to Sec. 60.24(h)(6); or
    (2) For purposes of referring to a geographic area, one of the 
States in the United States, the District of Columbia, the Navajo Nation 
Indian country, or the Ute Tribe Indian country.
    Topping-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to

[[Page 97]]

produce useful power, including electricity, and at least some of the 
reject heat from the electricity production is then used to provide 
useful thermal energy.
    Total energy input means, with regard to a cogeneration unit, total 
energy of all forms supplied to the cogeneration unit, excluding energy 
produced by the cogeneration unit itself.
    Total energy output means, with regard to a cogeneration unit, the 
sum of useful power and useful thermal energy produced by the 
cogeneration unit.
    Unit means a stationary coal-fired boiler or a stationary coal-fired 
combustion turbine.
    Useful power means, with regard to a cogeneration unit, electricity 
or mechanical energy made available for use, excluding any such energy 
used in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Useful thermal energy means, with regard to a cogeneration unit, 
thermal energy that is:
    (1) Made available to an industrial or commercial process (not a 
power production process), excluding any heat contained in condensate 
return or makeup water;
    (2) Used in a heat application (e.g., space heating or domestic hot 
water heating); or
    (3) Used in a space cooling application (i.e., thermal energy used 
by an absorption chiller).
    Utility power distribution system means the portion of an 
electricity grid owned or operated by a utility and dedicated to 
delivering electricity to customers.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 
65 FR 76384, Dec. 6, 2000; 70 FR 28649, May 18, 2005; 71 FR 33398, June 
9, 2006]



Sec. 60.25  Emission inventories, source surveillance, reports.

    (a) Each plan shall include an inventory of all designated 
facilities, including emission data for the designated pollutants and 
information related to emissions as specified in appendix D to this 
part. Such data shall be summarized in the plan, and emission rates of 
designated pollutants from designated facilities shall be correlated 
with applicable emission standards. As used in this subpart, 
``correlated'' means presented in such a manner as to show the 
relationship between measured or estimated amounts of emissions and the 
amounts of such emissions allowable under applicable emission standards.
    (b) Each plan shall provide for monitoring the status of compliance 
with applicable emission standards. Each plan shall, as a minimum, 
provide for:
    (1) Legally enforceable procedures for requiring owners or operators 
of designated facilities to maintain records and periodically report to 
the State information on the nature and amount of emissions from such 
facilities, and/or such other information as may be necessary to enable 
the State to determine whether such facilities are in compliance with 
applicable portions of the plan. Submission of electronic documents 
shall comply with the requirements of 40 CFR part 3--(Electronic 
reporting).
    (2) Periodic inspection and, when applicable, testing of designated 
facilities.
    (c) Each plan shall provide that information obtained by the State 
under paragraph (b) of this section shall be correlated with applicable 
emission standards (see Sec. 60.25(a)) and made available to the 
general public.
    (d) The provisions referred to in paragraphs (b) and (c) of this 
section shall be specifically identified. Copies of such provisions 
shall be submitted with the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates:
    (i) That the provisions are applicable to the designated 
pollutant(s) for which the plan is submitted, and
    (ii) That the requirements of Sec. 60.26 are met.
    (e) The State shall submit reports on progress in plan enforcement 
to the Administrator on an annual (calendar year) basis, commencing with 
the first full report period after approval of a plan or after 
promulgation of a plan by the Administrator. Information required under 
this paragraph must be

[[Page 98]]

included in the annual report required by Sec. 51.321 of this chapter.
    (f) Each progress report shall include:
    (1) Enforcement actions initiated against designated facilities 
during the reporting period, under any emission standard or compliance 
schedule of the plan.
    (2) Identification of the achievement of any increment of progress 
required by the applicable plan during the reporting period.
    (3) Identification of designated facilities that have ceased 
operation during the reporting period.
    (4) Submission of emission inventory data as described in paragraph 
(a) of this section for designated facilities that were not in operation 
at the time of plan development but began operation during the reporting 
period.
    (5) Submission of additional data as necessary to update the 
information submitted under paragraph (a) of this section or in previous 
progress reports.
    (6) Submission of copies of technical reports on all performance 
testing on designated facilities conducted under paragraph (b)(2) of 
this section, complete with concurrently recorded process data.

[40 FR 53346, Nov. 17, 1975, as amended at 44 FR 65071, Nov. 9, 1979; 70 
FR 59887, Oct. 13, 2005]



Sec. 60.26  Legal authority.

    (a) Each plan shall show that the State has legal authority to carry 
out the plan, including authority to:
    (1) Adopt emission standards and compliance schedules applicable to 
designated facilities.
    (2) Enforce applicable laws, regulations, standards, and compliance 
schedules, and seek injunctive relief.
    (3) Obtain information necessary to determine whether designated 
facilities are in compliance with applicable laws, regulations, 
standards, and compliance schedules, including authority to require 
recordkeeping and to make inspections and conduct tests of designated 
facilities.
    (4) Require owners or operators of designated facilities to install, 
maintain, and use emission monitoring devices and to make periodic 
reports to the State on the nature and amounts of emissions from such 
facilities; also authority for the State to make such data available to 
the public as reported and as correlated with applicable emission 
standards.
    (b) The provisions of law or regulations which the State determines 
provide the authorities required by this section shall be specifically 
identified. Copies of such laws or regulations shall be submitted with 
the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates that the laws or regulations are 
applicable to the designated pollutant(s) for which the plan is 
submitted.
    (c) The plan shall show that the legal authorities specified in this 
section are available to the State at the time of submission of the 
plan. Legal authority adequate to meet the requirements of paragraphs 
(a)(3) and (4) of this section may be delegated to the State under 
section 114 of the Act.
    (d) A State governmental agency other than the State air pollution 
control agency may be assigned responsibility for carrying out a portion 
of a plan if the plan demonstrates to the Administrator's satisfaction 
that the State governmental agency has the legal authority necessary to 
carry out that portion of the plan.
    (e) The State may authorize a local agency to carry out a plan, or 
portion thereof, within the local agency's jurisdiction if the plan 
demonstrates to the Administrator's satisfaction that the local agency 
has the legal authority necessary to implement the plan or portion 
thereof, and that the authorization does not relieve the State of 
responsibility under the Act for carrying out the plan or portion 
thereof.



Sec. 60.27  Actions by the Administrator.

    (a) The Administrator may, whenever he determines necessary, extend 
the period for submission of any plan or plan revision or portion 
thereof.
    (b) After receipt of a plan or plan revision, the Administrator will 
propose the plan or revision for approval or disapproval. The 
Administrator will, within four months after the date required for 
submission of a plan or plan

[[Page 99]]

revision, approve or disapprove such plan or revision or each portion 
thereof.
    (c) The Administrator will, after consideration of any State hearing 
record, promptly prepare and publish proposed regulations setting forth 
a plan, or portion thereof, for a State if:
    (1) The State fails to submit a plan within the time prescribed;
    (2) The State fails to submit a plan revision required by Sec. 
60.23(a)(2) within the time prescribed; or
    (3) The Administrator disapproves the State plan or plan revision or 
any portion thereof, as unsatisfactory because the requirements of this 
subpart have not been met.
    (d) The Administrator will, within six months after the date 
required for submission of a plan or plan revision, promulgate the 
regulations proposed under paragraph (c) of this section with such 
modifications as may be appropriate unless, prior to such promulgation, 
the State has adopted and submitted a plan or plan revision which the 
Administrator determines to be approvable.
    (e)(1) Except as provided in paragraph (e)(2) of this section, 
regulations proposed and promulgated by the Administrator under this 
section will prescribe emission standards of the same stringency as the 
corresponding emission guideline(s) specified in the final guideline 
document published under Sec. 60.22(a) and will require final 
compliance with such standards as expeditiously as practicable but no 
later than the times specified in the guideline document.
    (2) Upon application by the owner or operator of a designated 
facility to which regulations proposed and promulgated under this 
section will apply, the Administrator may provide for the application of 
less stringent emission standards or longer compliance schedules than 
those otherwise required by this section in accordance with the criteria 
specified in Sec. 60.24(f).
    (f) Prior to promulgation of a plan under paragraph (d) of this 
section, the Administrator will provide the opportunity for at least one 
public hearing in either:
    (1) Each State that failed to hold a public hearing as required by 
Sec. 60.23(c); or
    (2) Washington, DC or an alternate location specified in the Federal 
Register.

[40 FR 53346, Nov. 17, 1975, as amended at 65 FR 76384, Dec. 6, 2000]



Sec. 60.28  Plan revisions by the State.

    (a) Plan revisions which have the effect of delaying compliance with 
applicable emission standards or increments of progress or of 
establishing less stringent emission standards shall be submitted to the 
Administrator within 60 days after adoption in accordance with the 
procedures and requirements applicable to development and submission of 
the original plan.
    (b) More stringent emission standards, or orders which have the 
effect of accelerating compliance, may be submitted to the Administrator 
as plan revisions in accordance with the procedures and requirements 
applicable to development and submission of the original plan.
    (c) A revision of a plan, or any portion thereof, shall not be 
considered part of an applicable plan until approved by the 
Administrator in accordance with this subpart.



Sec. 60.29  Plan revisions by the Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable plan 
if:
    (a) The provision was promulgated by the Administrator, and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of this subpart.



           Subpart C_Emission Guidelines and Compliance Times



Sec. 60.30  Scope.

    The following subparts contain emission guidelines and compliance 
times for the control of certain designated pollutants in accordance 
with section 111(d) and section 129 of the Clean Air Act and subpart B 
of this part.
    (a) Subpart Ca [Reserved]
    (b) Subpart Cb--Municipal Waste Combustors.
    (c) Subpart Cc--Municipal Solid Waste Landfills.

[[Page 100]]

    (d) Subpart Cd--Sulfuric Acid Production Plants.
    (e) Subpart Ce--Hospital/Medical/Infectious Waste Incinerators.

[62 FR 48379, Sept. 15, 1997]



Sec. 60.31  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A and B of this part.

[42 FR 55797, Oct. 18, 1977]

Subpart Ca [Reserved]



Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That are Constructed on or Before September 20, 1994

    Source: 60 FR 65415, Dec. 19, 1995, unless otherwise noted.



Sec. 60.30b  Scope and delegation of authority.

    (a) This subpart contains emission guidelines and compliance 
schedules for the control of certain designated pollutants from certain 
municipal waste combustors in accordance with section 111(d) and section 
129 of the Clean Air Act and subpart B of this part. The provisions in 
these emission guidelines apply instead of the provisions of Sec. 
60.24(f) of subpart B of this part.
    (b) The following authorities are retained by EPA:
    (1) Approval of exemption claims in Sec. 60.32b(b)(1), (d), (e), 
(f)(1), (i)(1);
    (2) Approval of a nitrogen oxides trading program under Sec. 
60.33b(d)(2);
    (3) Approval of major alternatives to test methods;
    (4) Approval of major alternatives to monitoring;
    (5) Waiver of recordkeeping; and
    (6) Performance test and data reduction waivers under Sec. 608(b).

[71 FR 27332, May 10, 2006]



Sec. 60.31b  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and subparts A, B, and Eb of this part.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Municipal waste combustor plant means one or more designated 
facilities (as defined in Sec. 60.32b) at the same location.
    Semi-suspension refuse-derived fuel-fired combustor/wet refuse-
derived fuel process conversion means a combustion unit that was 
converted from a wet refuse-derived fuel process to a dry refuse-derived 
fuel process, and because of constraints in the design of the system, 
includes a low furnace height (less than 60 feet between the grate and 
the roof) and a high waste capacity-to-undergrate air zone ratio 
(greater than 300 tons of waste per day (tpd) fuel per each undergrate 
air zone).
    Spreader stoker fixed floor refuse-derived fuel-fired combustor/100 
percent coal capable means a spreader stoker type combustor with a fixed 
floor grate design that typically fires 100 percent refuse-derived fuel 
but is equipped to burn 100 percent coal instead of refuse-derived fuel 
to fulfill 100 percent steam or energy demand.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec. 60.32b  Designated facilities.

    (a) The designated facility to which these guidelines apply is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994.
    (b) Any municipal waste combustion unit that is capable of 
combusting more than 250 tons per day of municipal solid waste and is 
subject to a federally enforceable permit limiting the maximum amount of 
municipal solid waste that may be combusted in the unit to less than or 
equal to 11 tons per day is not subject to this subpart if the owner or 
operator:
    (1) Notifies EPA of an exemption claim,

[[Page 101]]

    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day, and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under subpart 
Ea or subpart Eb of this part.
    (d) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (e) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies EPA of 
this exemption and provides data documenting that the facility qualifies 
for this exemption.
    (f) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim, and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (g) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (h) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (i) Any cofired combustor, as defined under Sec. 60.51b of subpart 
Eb of this part, that meets the capacity specifications in paragraph (a) 
of this section is not subject to this subpart if the owner or operator 
of the cofired combustor:
    (1) Notifies EPA of an exemption claim,
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section), and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (j) Air curtain incinerators, as defined under Sec. 60.51b of 
subpart Eb of this part, that meet the capacity specifications in 
paragraph (a) of this section, and that combust a fuel stream composed 
of 100 percent yard waste are exempt from all provisions of this subpart 
except the opacity standard under Sec. 60.37b, the testing procedures 
under Sec. 60.38b, and the reporting and recordkeeping provisions under 
Sec. 60.39b.
    (k) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (l) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants

[[Page 102]]

or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (m) Cement kilns firing municipal solid waste are not subject to 
this subpart.
    (n) Any affected facility meeting the applicability requirements 
under this section is not subject to subpart E of this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec. 60.33b  Emission guidelines for municipal waste combustor metals,

acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) For approval, a State plan shall include emission limits for 
particulate matter and opacity at least as protective as the emission 
limits for particulate matter and opacity specified in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section.
    (i) Before April 28, 2009, the emission limit for particulate matter 
contained in the gases discharged to the atmosphere from a designated 
facility is 27 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for 
particulate matter contained in the gases discharged to the atmosphere 
from a designated facility is 25 milligrams per dry standard cubic 
meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for opacity exhibited by the gases 
discharged to the atmosphere from a designated facility is 10 percent 
(6-minute average).
    (2) For approval, a State plan shall include emission limits for 
cadmium at least as protective as the emission limits for cadmium 
specified in paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (i) Before April 28, 2009, the emission limit for cadmium contained 
in the gases discharged to the atmosphere from a designated facility is 
40 micrograms per dry standard cubic meter, corrected to 7 percent 
oxygen. On and after April 28, 2009, the emission limit for cadmium 
contained in the gases discharged to the atmosphere from a designated 
facility is 35 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (ii) [Reserved]
    (3) For approval, a State plan shall include emission limits for 
mercury at least as protective as the emission limits specified in this 
paragraph. Before April 28, 2009, the emission limit for mercury 
contained in the gases discharged to the atmosphere from a designated 
facility is 80 micrograms per dry standard cubic meter or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent. On 
and after April 28, 2009, the emission limit for mercury contained in 
the gases discharged to the atmosphere from a designated facility is 50 
micrograms per dry standard cubic meter or 15 percent of the potential 
mercury emission concentration (85-percent reduction by weight), 
corrected to 7 percent oxygen, whichever is less stringent.
    (4) For approval, a State plan shall include an emission limit for 
lead at least as protective as the emission limit for lead specified in 
this paragraph. Before April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 440 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 400 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) For approval, a State plan shall include emission limits for 
sulfur dioxide at least as protective as the emission limits for sulfur 
dioxide specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated

[[Page 103]]

facility is 31 parts per million by volume or 25 percent of the 
potential sulfur dioxide emission concentration (75-percent reduction by 
weight or volume), corrected to 7 percent oxygen (dry basis), whichever 
is less stringent. Compliance with this emission limit is based on a 24-
hour daily geometric mean.
    (ii) [Reserved]
    (2) For approval, a State plan shall include emission limits for 
hydrogen chloride at least as protective as the emission limits for 
hydrogen chloride specified in paragraphs (b)(2)(i) and (b)(2)(ii) of 
this section.
    (i) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (ii) [Reserved]
    (3) For approval, a State plan shall be submitted by August 25, 1998 
and shall include emission limits for sulfur dioxide and hydrogen 
chloride at least as protective as the emission limits specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (c) The emission limits for municipal waste combustor organics, 
expressed as total mass dioxin/furan, are specified in paragraphs (c)(1) 
and (c)(2) of this section.
    (1) For approval, a State plan shall include an emission limit for 
dioxin/furan contained in the gases discharged to the atmosphere from a 
designated facility at least as protective as the emission limit for 
dioxin/furan specified in paragraphs (c)(1)(i), (c)(1)(ii), and 
(c)(1)(iii) of this section, as applicable.
    (i) Before April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 60 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (ii) On and after April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 35 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (iii) The emission limit for designated facilities that do not 
employ an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) For approval, a State plan shall include emission limits for 
nitrogen oxides at least as protective as the emission limits listed in 
table 1 of this subpart for designated facilities. Table 1 provides 
emission limits for the nitrogen oxides concentration level for each 
type of designated facility.
    (1) A State plan may allow nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section.
    (i) The owner or operator of a municipal waste combustor plant may 
elect to implement a nitrogen oxides emissions averaging plan for the 
designated facilities that are located at that plant and that are 
subject to subpart Cb, except as specified in paragraphs (d)(1)(i)(A) 
and (d)(1)(i)(B) of this section.
    (A) Municipal waste combustor units subject to subpart Ea or Eb 
cannot be included in the emissions averaging plan.
    (B) Mass burn refractory municipal waste combustor units and other 
municipal waste combustor technologies not listed in paragraph 
(d)(1)(iii) of this

[[Page 104]]

section may not be included in the emissions averaging plan.
    (ii) The designated facilities included in the nitrogen oxides 
emissions averaging plan must be identified in the initial compliance 
report specified in Sec. 60.59b(f) or in the annual report specified in 
Sec. 60.59b(g), as applicable, prior to implementing the averaging 
plan. The designated facilities being included in the averaging plan may 
be redesignated each calendar year. Partial year redesignation is 
allowable with State approval.
    (iii) To implement the emissions averaging plan, the average daily 
(24-hour) nitrogen oxides emission concentration level for gases 
discharged from the designated facilities being included in the 
emissions averaging plan must be no greater than the levels specified in 
table 2 of this subpart. Table 2 provides emission limits for the 
nitrogen oxides concentration level for each type of designated 
facility.
    (iv) Under the emissions averaging plan, the average daily nitrogen 
oxides emissions specified in paragraph (d)(1)(iii) of this section 
shall be calculated using equation (1). Designated facilities that are 
offline shall not be included in calculating the average daily nitrogen 
oxides emission level.
[GRAPHIC] [TIFF OMITTED] TR19DE95.000

where:

NOX 24-hr=24-hr daily average nitrogen oxides emission 
concentration level for the emissions averaging plan (parts per million 
by volume corrected to 7 percent oxygen).
NOX i-hr=24-hr daily average nitrogen oxides emission 
concentration level for designated facility i (parts per million by 
volume, corrected to 7 percent oxygen), calculated according to the 
procedures in Sec. 60.58b(h) of this subpart.
Si=maximum demonstrated municipal waste combustor unit load 
for designated facility i (pounds per hour steam or feedwater flow as 
determined in the most recent dioxin/furan performance test).
h=total number of designated facilities being included in the daily 
emissions average.

    (v) For any day in which any designated facility included in the 
emissions averaging plan is offline, the owner or operator of the 
municipal waste combustor plant must demonstrate compliance according to 
either paragraph (d)(1)(v)(A) of this section or both paragraphs 
(d)(1)(v)(B) and (d)(1)(v)(C) of this section.
    (A) Compliance with the applicable limits specified in table 2 of 
this subpart shall be demonstrated using the averaging procedure 
specified in paragraph (d)(1)(iv) of this section for the designated 
facilities that are online.
    (B) For each of the designated facilities included in the emissions 
averaging plan, the nitrogen oxides emissions on a daily average basis 
shall be calculated and shall be equal to or less than the maximum daily 
nitrogen oxides emission level achieved by that designated facility on 
any of the days during which the emissions averaging plan was achieved 
with all designated facilities online during the most recent calendar 
quarter. The requirements of this paragraph do not apply during the 
first quarter of operation under the emissions averaging plan.
    (C) The average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(2) of this section shall 
not exceed the average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(1) of this section.
    (1) For all days during which the emissions averaging plan was 
implemented and achieved and during which all designated facilities were 
online, the average nitrogen oxides emissions shall be calculated. The 
average nitrogen oxides emissions (kilograms per day) shall be 
calculated on a calendar year basis according to paragraphs 
(d)(1)(v)(C)(1)(i) through (d)(1)(v)(C)(1)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec. 60.38b(a) and specified under Sec. 60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.

[[Page 105]]

    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(1)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(1)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) For all days during which one or more of the designated 
facilities under the emissions averaging plan was offline, the average 
nitrogen oxides emissions shall be calculated. The average nitrogen 
oxides emissions (kilograms per day) shall be calculated on a calendar 
year basis according to paragraphs (d)(1)(v)(C)(2)(i) through 
(d)(1)(v)(C)(2)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec. 60.38b(a) and specified under Sec. 60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(2)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(2)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) A State plan may establish a program to allow owners or 
operators of municipal waste combustor plants to engage in trading of 
nitrogen oxides emission credits. A trading program must be approved by 
EPA before implementation.
    (3) For approval, a State plan shall include emission limits for 
nitrogen oxides from fluidized bed combustors at least as protective as 
the emission limits listed in paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section.
    (i) The emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 180 parts per million by volume, corrected to 
7 percent oxygen.
    (ii) If a State plan allows nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section, the 
emission limit for nitrogen oxides contained in the gases discharged to 
the atmosphere from a designated facility that is a fluidized bed 
combustor is 165 parts per million by volume, corrected to 7 percent 
oxygen.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]



Sec. 60.34b  Emission guidelines for municipal waste combustor 

operating practices.

    (a) For approval, a State plan shall include emission limits for 
carbon monoxide at least as protective as the emission limits for carbon 
monoxide listed in table 3 of this subpart. Table 3 provides emission 
limits for the carbon monoxide concentration level for each type of 
designated facility.
    (b) For approval, a State plan shall include requirements for 
municipal waste combustor operating practices at least as protective as 
those requirements listed in Sec. 60.53b(b) and (c) of subpart Eb of 
this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 69 FR 42121, July 14, 2004; 71 FR 27333, May 10, 2006]



Sec. 60.35b  Emission guidelines for municipal waste combustor

operator training and certification.

    For approval, a State plan shall include requirements for designated 
facilities for municipal waste combustor operator training and 
certification at least as protective as those requirements listed in 
Sec. 60.54b of subpart Eb of this part. The State plan shall require 
compliance with these requirements

[[Page 106]]

according to the schedule specified in Sec. 60.39b(c)(4).

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec. 60.36b  Emission guidelines for municipal waste combustor 

fugitive ash emissions.

    For approval, a State plan shall include requirements for municipal 
waste combustor fugitive ash emissions at least as protective as those 
requirements listed in Sec. 60.55b of subpart Eb of this part.



Sec. 60.37b  Emission guidelines for air curtain incinerators.

    For approval, a State plan shall include emission limits for opacity 
for air curtain incinerators at least as protective as those listed in 
Sec. 60.56b of subpart Eb of this part.



Sec. 60.38b  Compliance and performance testing.

    (a) For approval, a State plan shall include the performance testing 
methods listed in Sec. 60.58b of subpart Eb of this part, as 
applicable, except as provided for under Sec. 60.24(b)(2) of subpart B 
of this part and paragraphs (b) and (c) of this section.
    (b) For approval, a State plan shall include for designated 
facilities the alternative performance testing schedule for dioxins/
furans specified in Sec. 60.58b(g)(5)(iii) of subpart Eb of this part, 
as applicable, for those designated facilities that achieve a dioxin/
furan emission level less than or equal to 15 nanograms per dry standard 
cubic meter total mass, corrected to 7 percent oxygen.
    (c) [Reserved]

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec. 60.39b  Reporting and recordkeeping guidelines and compliance 

schedules.

    (a) For approval, a State plan shall include the reporting and 
recordkeeping provisions listed in Sec. 60.59b of subpart Eb of this 
part, as applicable, except for the siting requirements under Sec. 
60.59b(a), (b)(5), and (d)(11) of subpart Eb of this part.
    (b) Except as provided in paragraph (e) of this section, not later 
than December 19, 1996, each State in which a designated facility is 
located shall submit to EPA a plan to implement and enforce all 
provisions of this subpart except the revised April 28, 2009 emission 
limits in Sec. 60.33b(a), (c), and (d). Not later than April 28, 2007, 
each State in which a designated facility is located shall submit to EPA 
a plan to implement and enforce all provisions of this subpart, as 
amended on May 10, 2006. The submittal schedule specified in this 
paragraph is in accordance with section 129(b)(2) of the Clean Air Act 
and applies instead of the schedule provided in Sec. 60.23(a)(1) of 
subpart B of this part.
    (c) For approval, a State plan that is submitted prior to May 10, 
2006 shall include the compliance schedules specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) A State plan shall allow designated facilities to comply with 
all requirements of a State plan (or close) within 1 year after approval 
of the State plan, except as provided by paragraph (c)(1)(i) and 
(c)(1)(ii) of this section.
    (i) A State plan that allows designated facilities more than 1 year 
but less than 3 years following the date of issuance of a revised 
construction or operation permit, if a permit modification is required, 
or more than 1 year but less than 3 years following approval of the 
State plan, if a permit modification is not required, shall include 
measurable and enforceable incremental steps of progress toward 
compliance. Suggested measurable and enforceable activities are 
specified in paragraphs (c)(1)(i)(A) through (c)(1)(i)(J) of this 
section.
    (A) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (B) Date for obtaining design drawings of the air pollution control 
device(s);
    (C) Date for submittal of permit modifications, if necessary;
    (D) Date for submittal of the final control plan to the 
Administrator. [Sec. 60.21 (h)(1) of subpart B of this part.];
    (E) Date for ordering the air pollution control device(s);

[[Page 107]]

    (F) Date for obtaining the major components of the air pollution 
control device(s);
    (G) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (H) Date for initiation of installation of the air pollution control 
device(s);
    (I) Date for initial startup of the air pollution control device(s); 
and
    (J) Date for initial performance test(s) of the air pollution 
control device(s).
    (ii) A State plan that allows designated facilities more than 1 year 
but up to 3 years after State plan approval to close shall require a 
closure agreement. The closure agreement must include the date of plant 
closure.
    (2) If the State plan requirements for a designated facility include 
a compliance schedule longer than 1 year after approval of the State 
plan in accordance with paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, the State plan submittal (for approval) shall include 
performance test results for dioxin/furan emissions for each designated 
facility that has a compliance schedule longer than 1 year following the 
approval of the State plan, and the performance test results shall have 
been conducted during or after 1990. The performance test shall be 
conducted according to the procedures in Sec. 60.38b.
    (3) [Reserved]
    (4) A State plan shall require compliance with the municipal waste 
combustor operator training and certification requirements under Sec. 
60.35b according to the schedule specified in paragraphs (c)(4)(i) 
through (c)(4)(iii) of this section.
    (i) [Reserved]
    (ii) For designated facilities, the State plan shall require 
compliance with the municipal waste combustor operator training and 
certification requirements specified under Sec. 60.54b (a) through (c) 
of subpart Eb of this part by the date 6 months after the date of 
startup or 12 months after State plan approval, whichever is later.
    (iii) For designated facilities, the State plan shall require 
compliance with the requirements specified in Sec. 60.54b (d), (f), and 
(g) of subpart Eb of this part no later than 6 months after startup or 
12 months after State plan approval, whichever is later.
    (A) The requirement specified in Sec. 60.54b(d) of subpart Eb of 
this part does not apply to chief facility operators, shift supervisors, 
and control room operators who have obtained full certification from the 
American Society of Mechanical Engineers on or before the date of State 
plan approval.
    (B) The owner or operator of a designated facility may request that 
the Administrator waive the requirement specified in Sec. 60.54b(d) of 
subpart Eb of this part for chief facility operators, shift supervisors, 
and control room operators who have obtained provisional certification 
from the American Society of Mechanical Engineers on or before the 
initial date of State plan approval.
    (C) The initial training requirements specified in Sec. 
60.54b(f)(1) of subpart Eb of this part shall be completed no later than 
the date specified in paragraph (c)(4)(iii)(C)(1), (c)(4)(iii)(C)(2), or 
(c)(4)(iii)(C)(3), of this section whichever is later.
    (1) The date 6 months after the date of startup of the affected 
facility;
    (2) Twelve months after State plan approval; or
    (3) The date prior to the day when the person assumes 
responsibilities affecting municipal waste combustor unit operation.
    (5) A State plan shall require all designated facilities for which 
construction, modification, or reconstruction is commenced after June 
26, 1987 to comply with the emission limit for mercury specified in 
Sec. 60.33b(a)(3) and the emission limit for dioxins/furans specified 
in Sec. 60.33b(c)(1) within 1 year following issuance of a revised 
construction or operation permit, if a permit modification is required, 
or within 1 year following approval of the State plan, whichever is 
later.
    (d) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than December 19, 2000.

[[Page 108]]

    (e) Not later than August 25, 1998, each State in which a designated 
facility is operating shall submit to EPA a plan to implement and 
enforce all provisions of this subpart specified in Sec. 60.33b(b)(3) 
and (d)(3) and the emission limit in paragraph (a)(4) that applies 
before April 28, 2009.
    (f) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than August 26, 2002.
    (g) For approval, a revised State plan submitted not later than 
April 28, 2007 in accordance with paragraph (b) of this section, shall 
include compliance schedules for meeting the revised April 28, 2009 
emission limits in Sec. 60.33b(a), (c), and (d) and the revised testing 
provisions in Sec. 60.38b(b).
    (1) Compliance with the revised April 28, 2009 emission limits is 
required as expeditiously as practicable, but no later than April 28, 
2009, except as provided in paragraph (g)(2) of this section.
    (2) The owner or operator of an affected facility who is planning an 
extensive emission control system upgrade may petition the Administrator 
for a longer compliance schedule and must demonstrate to the 
satisfaction of the Administrator the need for the additional time. If 
approved, the schedule may exceed the schedule in paragraph (g)(1) of 
this section, but cannot exceed May 10, 2011.
    (h) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, including the revised April 28, 2009 emission limits in 
Sec. 60.33b(a), (b), (c), (d), and Sec. 60.34b(a), and the revised 
testing provisions in Sec. 60.38b(b), no later than May 10, 2011.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]

    Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for
                          Designated Facilities
------------------------------------------------------------------------
                                   Before April 28,   On and after April
                                    2009,  nitrogen        28, 2009,
    Municipal waste combustor       oxides emission     nitrogen oxides
           technology              limit  (parts per    emission limit
                                  million by volume)  (parts per million
                                          \a\           by volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.............  205...............  205.
Mass burn rotary waterwall......  250...............  210.
Refuse-derived fuel combustor...  250...............  250.
Fluidized bed combustor.........  180...............  180.
Mass burn refractory combustors.  No limit..........  No limit.
------------------------------------------------------------------------
\a\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]

  Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for Existing
   Designated Facilities Included in an Emissions Averaging Plan at a
                    Municipal Waste Combustor Plant b
------------------------------------------------------------------------
                                                          On and after
                                     Before April 28,   April 28, 2009,
                                      2009, nitrogen    nitrogen oxides
     Municipal waste combustor       oxides emission     emission limit
            technology               limit (parts per      (parts per
                                        million by         million by
                                       volume) \b\        volume) \a\
------------------------------------------------------------------------
Mass burn waterwall...............                185                185
Mass burn rotary waterwall........                220                190
Refuse-derived fuel combustor.....                230                230
Fluidized bed combustor...........                165               165
------------------------------------------------------------------------
\a\ Mass burn refractory municipal waste combustors and other MWC
  technologies not listed above may not be included in an emissions
  averaging plan.
\b\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]

[[Page 109]]


  Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor Operating
                               Guidelines
------------------------------------------------------------------------
                                     Carbon monoxide
                                     emissions levels
     Municipal waste combustor          (parts per       Averaging time
            technology                  million by         (hrs) \b\
                                       volume) \a\
------------------------------------------------------------------------
Mass burn waterwall...............                100                  4
Mass burn refractory..............                100                  4
Mass burn rotary refractory.......                100                 24
Mass burn rotary waterwall........                250                 24
Modular starved air...............                 50                  4
Modular excess air................                 50                  4
Refuse-derived fuel stoker........                200                 24
Fluidized bed, mixed fuel (wood/                  200             \c\ 24
 refuse-derived fuel).............
Bubbling fluidized bed combustor..                100                  4
Circulating fluidized bed                         100                  4
 combustor........................
Pulverized coal/refuse-derived                    150                  4
 fuel mixed fuel-fired combustor..
Spreader stoker coal/refuse-                      200                 24
 derived fuel mixed fuel-fired
 combustor........................
Semi-suspension refuse-derived                    250             \c\ 24
 fuel-fired combustor/wet refuse-
 derived fuel process conversion..
Spreader stoker fixed floor refuse-               250            \c\ 24
 derived fuel-fired combustor/100
 percent coal capable.............
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen, dry basis.
  Calculated as an arithmetic average.
\b\ Averaging times are 4-hour or 24-hour block averages.
\c\ 24-hour block average, geometric mean.


[71 FR 27334, May 10, 2006]



Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

    Source: 61 FR 9919, Mar. 12, 1996, unless otherwise noted.



Sec. 60.30c  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from certain designated 
municipal solid waste landfills in accordance with section 111(d) of the 
Act and subpart B.



Sec. 60.31c  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A, B, and WWW of this part.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes such as commercial solid waste, 
nonhazardous sludge, conditionally exempt small quantity generator 
waste, and industrial solid waste. Portions of an MSW landfill may be 
separated by access roads. An MSW landfill may be publicly or privately 
owned. An MSW landfill may be a new MSW landfill, an existing MSW 
landfill or a lateral expansion.



Sec. 60.32c  Designated facilities.

    (a) The designated facility to which the guidelines apply is each 
existing MSW landfill for which construction, reconstruction or 
modification was commenced before May 30, 1991.
    (b) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline are not considered a 
modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of subpart WWW [see Sec. 60.750 of Subpart 
WWW].
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this subpart 
with a design capacity less than 2.5 million megagrams or 2.5 million 
cubic meters is not subject to the requirement to obtain an operating 
permit for the landfill under part 70 or 71 of this chapter, unless the 
landfill is otherwise subject to either part 70 or 71. For purposes of 
submitting a timely application for an operating permit under part 70 or 
71,

[[Page 110]]

the owner or operator of a MSW landfill subject to this subpart with a 
design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters on the effective date of EPA approval of the 
State's program under section 111(d) of the Act, and not otherwise 
subject to either part 70 or 71, becomes subject to the requirements of 
Sec. Sec. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90 days after 
the effective date of such 111(d) program approval, even if the design 
capacity report is submitted earlier.
    (d) When a MSW landfill subject to this subpart is closed, the owner 
or operator is no longer subject to the requirement to maintain an 
operating permit under part 70 or 71 of this chapter for the landfill if 
the landfill is not otherwise subject to the requirements of either part 
70 or 71 and if either of the following conditions are met.
    (1) The landfill was never subject to the requirement for a control 
system under Sec. 60.33c(c) of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in Sec. 60.752(b)(2)(v) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



Sec. 60.33c  Emission guidelines for municipal solid waste landfill

emissions.

    (a) For approval, a State plan shall include control of MSW landfill 
emissions at each MSW landfill meeting the following three conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition;
    (2) The landfill has a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters. The landfill may 
calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. Any density conversions shall be 
documented and submitted with the design capacity report; and
    (3) The landfill has a nonmethane organic compound emission rate of 
50 megagrams per year or more.
    (b) For approval, a State plan shall include the installation of a 
collection and control system meeting the conditions provided in Sec. 
60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
conditions in paragraph (a) of this section. The State plan shall 
include a process for State review and approval of the site-specific 
design plans for the gas collection and control system(s).
    (c) For approval, a State plan shall include provisions for the 
control of collected MSW landfill emissions through the use of control 
devices meeting the requirements of paragraph (c)(1), (2), or (3) of 
this section, except as provided in Sec. 60.24.
    (1) An open flare designed and operated in accordance with the 
parameters established in Sec. 60.18; or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or
    (3) An enclosed combustor designed and operated to reduce the outlet 
NMOC concentration to 20 parts per million as hexane by volume, dry 
basis at 3 percent oxygen, or less.
    (d) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity less than 2.5 million 
megagrams by mass or 2.5 million cubic meters by volume to submit an 
initial design capacity report to the Administrator as provided in Sec. 
60.757(a)(2) of subpart WWW by the date specified in Sec. 60.35c of 
this subpart. The landfill may calculate design capacity in either 
megagrams or cubic meters for comparison with the exemption values. Any 
density conversions shall be documented and submitted with the report. 
Submittal of the initial design capacity report shall fulfill the 
requirements of this subpart except as provided in paragraph (d)(1) and 
(d)(2) of this section.
    (1) The owner or operator shall submit an amended design capacity 
report as provided in Sec. 60.757(a)(3) of subpart WWW. [Guidance: Note 
that if the design capacity increase is the result of a modification, as 
defined in Sec. 60.751 of subpart WWW, that was commenced on or after 
May 30, 1991, the landfill will become subject to subpart WWW instead of 
this subpart. If the design capacity increase is the result of a change 
in operating practices, density, or some other change that is not a 
modification, the landfill remains subject to this subpart.]

[[Page 111]]

    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with paragraph (e) of this section.
    (e) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters to either install a 
collection and control system as provided in paragraph (b) of this 
section and Sec. 60.752(b)(2) of subpart WWW or calculate an initial 
NMOC emission rate for the landfill using the procedures specified in 
Sec. 60.34c of this subpart and Sec. 60.754 of subpart WWW. The NMOC 
emission rate shall be recalculated annually, except as provided in 
Sec. 60.757(b)(1)(ii) of subpart WWW.
    (1) If the calculated NMOC emission rate is less than 50 megagrams 
per year, the owner or operator shall:
    (i) Submit an annual emission report, except as provided for in 
Sec. 60.757(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec. 60.754(a)(1) of subpart WWW until such 
time as the calculated NMOC emission rate is equal to or greater than 50 
megagrams per year, or the landfill is closed.
    (2)(i) If the NMOC emission rate, upon initial calculation or annual 
recalculation required in paragraph (e)(1)(ii) of this section, is equal 
to or greater than 50 megagrams per year, the owner or operator shall 
install a collection and control system as provided in paragraph (b) of 
this section and Sec. 60.752(b)(2) of subpart WWW.
    (ii) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided in Sec. 60.35c of 
this subpart and Sec. 60.757(d) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 64 
FR 9261, Feb. 24, 1999]



Sec. 60.34c  Test methods and procedures.

    For approval, a State plan shall include provisions for: the 
calculation of the landfill NMOC emission rate listed in Sec. 60.754, 
as applicable, to determine whether the landfill meets the condition in 
Sec. 60.33c(a)(3); the operational standards in Sec. 60.753; the 
compliance provisions in Sec. 60.755; and the monitoring provisions in 
Sec. 60.756.



Sec. 60.35c  Reporting and recordkeeping guidelines.

    For approval, a State plan shall include the recordkeeping and 
reporting provisions listed in Sec. Sec. 60.757 and 60.758, as 
applicable, except as provided under Sec. 60.24.
    (a) For existing MSW landfills subject to this subpart the initial 
design capacity report shall be submitted no later than 90 days after 
the effective date of EPA approval of the State's plan under section 
111(d) of the Act.
    (b) For existing MSW landfills covered by this subpart with a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters, the initial NMOC emission rate report shall be submitted 
no later than 90 days after the effective date of EPA approval of the 
State's plan under section 111(d) of the Act.

[61 FR 9919, Mar. 12, 1996, as amended at 64 FR 9262, Feb. 24, 1999]



Sec. 60.36c  Compliance times.

    (a) Except as provided for under paragraph (b) of this section, 
planning, awarding of contracts, and installation of MSW landfill air 
emission collection and control equipment capable of meeting the 
emission guidelines established under Sec. 60.33c shall be accomplished 
within 30 months after the date the initial NMOC emission rate report 
shows NMOC emissions equal or exceed 50 megagrams per year.
    (b) For each existing MSW landfill meeting the conditions in Sec. 
60.33c(a)(1) and Sec. 60.33c(a)(2) whose NMOC emission rate is less 
than 50 megagrams per year on the effective date of the State emission 
standard, installation of collection and control systems capable of 
meeting emission guidelines in Sec. 60.33c shall be accomplished within 
30 months of the date when the condition in

[[Page 112]]

Sec. 60.33c(a)(3) is met (i.e., the date of the first annual nonmethane 
organic compounds emission rate which equals or exceeds 50 megagrams per 
year).

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

    Source: 60 FR 65414, Dec. 19, 1995, unless otherwise noted.



Sec. 60.30d  Designated facilities.

    Sulfuric acid production units. The designated facility to which 
Sec. Sec. 60.31d and 60.32d apply is each existing ``sulfuric acid 
production unit'' as defined in Sec. 60.81(a) of subpart H of this 
part.



Sec. 60.31d  Emissions guidelines.

    Sulfuric acid production units. The emission guideline for 
designated facilities is 0.25 grams sulfuric acid mist (as measured by 
EPA Reference Method 8 of appendix A of this part) per kilogram (0.5 
pounds per ton) of sulfuric acid produced, the production being 
expressed as 100 percent sulfuric acid.



Sec. 60.32d  Compliance times.

    Sulfuric acid production units. Planning, awarding of contracts, and 
installation of equipment capable of attaining the level of the emission 
guideline established under Sec. 60.31d can be accomplished within 17 
months after the effective date of a State emission standard for 
sulfuric acid mist.



    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

    Source: 62 FR 48379, Sept. 15, 1997, unless otherwise noted.



Sec. 60.30e  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from hospital/medical/
infectious waste incinerator(s) (HMIWI) in accordance with sections 111 
and 129 of the Clean Air Act and subpart B of this part. The provisions 
in these emission guidelines supersede the provisions of Sec. 60.24(f) 
of subpart B of this part.



Sec. 60.31e  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and in subparts A, B, and Ec of this part.
    Standard Metropolitan Statistical Area or SMSA means any areas 
listed in OMB Bulletin No. 93-17 entitled ``Revised Statistical 
Definitions for Metropolitan Areas'' dated June 30, 1993 (incorporated 
by reference, see Sec. 60.17).



Sec. 60.32e  Designated facilities.

    (a) Except as provided in paragraphs (b) through (h) of this 
section, the designated facility to which the guidelines apply is each 
individual HMIWI for which construction was commenced on or before June 
20, 1996.
    (b) A combustor is not subject to this subpart during periods when 
only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (all defined in Sec. 60.51c) is burned, provided 
the owner or operator of the combustor:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Keeps records on a calendar quarter basis of the periods of time 
when only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste is burned.
    (c) Any co-fired combustor (defined in Sec. 60.51c) is not subject 
to this subpart if the owner or operator of the co-fired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides an estimate of the relative weight of hospital waste, 
medical/infectious waste, and other fuels and/or wastes to be combusted; 
and
    (3) Keeps records on a calendar quarter basis of the weight of 
hospital waste and medical/infectious waste combusted, and the weight of 
all other fuels and wastes combusted at the co-fired combustor.
    (d) Any combustor required to have a permit under Section 3005 of 
the Solid Waste Disposal Act is not subject to this subpart.

[[Page 113]]

    (e) Any combustor which meets the applicability requirements under 
subpart Cb, Ea, or Eb of this part (standards or guidelines for certain 
municipal waste combustors) is not subject to this subpart.
    (f) Any pyrolysis unit (defined in Sec. 60.51c) is not subject to 
this subpart.
    (g) Cement kilns firing hospital waste and/or medical/infectious 
waste are not subject to this subpart.
    (h) Physical or operational changes made to an existing HMIWI unit 
solely for the purpose of complying with emission guidelines under this 
subpart are not considered a modification and do not result in an 
existing HMIWI unit becoming subject to the provisions of subpart Ec 
(see Sec. 60.50c).
    (i) Beginning September 15, 2000, or on the effective date of an EPA 
approved operating permit program under Clean Air Act title V and the 
implementing regulations under 40 CFR part 70 in the State in which the 
unit is located, whichever date is later, designated facilities subject 
to this subpart shall operate pursuant to a permit issued under the EPA-
approved operating permit program.



Sec. 60.33e  Emission guidelines.

    (a) For approval, a State plan shall include the requirements for 
emission limits at least as protective as those requirements listed in 
Table 1 of this subpart, except as provided for in paragraph (b) of this 
section.
    (b) For approval, a State plan shall include the requirements for 
emission limits at least as protective as those requirements listed in 
Table 2 of this subpart for any small HMIWI which is located more than 
50 miles from the boundary of the nearest Standard Metropolitan 
Statistical Area (defined in Sec. 60.31e) and which burns less than 
2,000 pounds per week of hospital waste and medical/infectious waste. 
The 2,000 lb/week limitation does not apply during performance tests.
    (c) For approval, a State plan shall include the requirements for 
stack opacity at least as protective as Sec. 60.52c(b) of subpart Ec of 
this part.



Sec. 60.34e  Operator training and qualification guidelines.

    For approval, a State plan shall include the requirements for 
operator training and qualification at least as protective as those 
requirements listed in Sec. 60.53c of subpart Ec of this part. The 
State plan shall require compliance with these requirements according to 
the schedule specified in Sec. 60.39e(e).



Sec. 60.35e  Waste management guidelines.

    For approval, a State plan shall include the requirements for a 
waste management plan at least as protective as those requirements 
listed in Sec. 60.55c of subpart Ec of this part.



Sec. 60.36e  Inspection guidelines.

    (a) For approval, a State plan shall require that each small HMIWI 
subject to the emission limits under Sec. 60.33e(b) undergo an initial 
equipment inspection that is at least as protective as the following 
within 1 year following approval of the State plan:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation; clean pilot flame sensor, as necessary;
    (ii) Ensure proper adjustment of primary and secondary chamber 
combustion air, and adjust as necessary;
    (iii) Inspect hinges and door latches, and lubricate as necessary;
    (iv) Inspect dampers, fans, and blowers for proper operation;
    (v) Inspect HMIWI door and door gaskets for proper sealing;
    (vi) Inspect motors for proper operation;
    (vii) Inspect primary chamber refractory lining; clean and repair/
replace lining as necessary;
    (viii) Inspect incinerator shell for corrosion and/or hot spots;
    (ix) Inspect secondary/tertiary chamber and stack, clean as 
necessary;
    (x) Inspect mechanical loader, including limit switches, for proper 
operation, if applicable;
    (xi) Visually inspect waste bed (grates), and repair/seal, as 
appropriate;

[[Page 114]]

    (xii) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments;
    (xiii) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (xiv) Inspect waste heat boiler systems to ensure proper operation, 
if applicable;
    (xv) Inspect bypass stack components;
    (xvi) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (xvii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an equipment inspection all 
necessary repairs shall be completed unless the owner or operator 
obtains written approval from the State agency establishing a date 
whereby all necessary repairs of the designated facility shall be 
completed.
    (b) For approval, a State plan shall require that each small HMIWI 
subject to the emission limits under Sec. 60.33e(b) undergo an 
equipment inspection annually (no more than 12 months following the 
previous annual equipment inspection), as outlined in paragraphs (a)(1) 
and (a)(2) of this section.



Sec. 60.37e  Compliance, performance testing, and monitoring guidelines.

    (a) Except as provided in paragraph (b) of this section, for 
approval, a State plan shall include the requirements for compliance and 
performance testing listed in Sec. 60.56c of subpart Ec of this part, 
excluding the fugitive emissions testing requirements under Sec. 
60.56c(b)(12) and (c)(3).
    (b) For approval, a State plan shall require any small HMIWI subject 
to the emission limits under Sec. 60.33e(b) to meet the following 
compliance and performance testing requirements:
    (1) Conduct the performance testing requirements in Sec. 60.56c(a), 
(b)(1) through (b)(9), (b)(11) (Hg only), and (c)(1) of subpart Ec of 
this part. The 2,000 lb/week limitation under Sec. 60.33e(b) does not 
apply during performance tests.
    (2) Establish maximum charge rate and minimum secondary chamber 
temperature as site-specific operating parameters during the initial 
performance test to determine compliance with applicable emission 
limits.
    (3) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, ensure that the designated facility does not operate 
above the maximum charge rate or below the minimum secondary chamber 
temperature measured as 3-hour rolling averages (calculated each hour as 
the average of the previous 3 operating hours) at all times except 
during periods of startup, shutdown and malfunction. Operating parameter 
limits do not apply during performance tests. Operation above the 
maximum charge rate or below the minimum secondary chamber temperature 
shall constitute a violation of the established operating parameter(s).
    (4) Except as provided in paragraph (b)(5) of this section, 
operation of the designated facility above the maximum charge rate and 
below the minimum secondary chamber temperature (each measured on a 3-
hour rolling average) simultaneously shall constitute a violation of the 
PM, CO, and dioxin/furan emission limits.
    (5) The owner or operator of a designated facility may conduct a 
repeat performance test within 30 days of violation of applicable 
operating parameter(s) to demonstrate that the designated facility is 
not in violation of the applicable emission limit(s). Repeat performance 
tests conducted pursuant to this paragraph must be conducted using the 
identical operating parameters that indicated a violation under 
paragraph (b)(4) of this section.
    (c) For approval, a State plan shall include the requirements for 
monitoring listed in Sec. 60.57c of subpart Ec of this part, except as 
provided for under paragraph (d) of this section.
    (d) For approval, a State plan shall include requirements for any 
small HMIWI subject to the emission limits under Sec. 60.33e(b) to meet 
the following monitoring requirements:

[[Page 115]]

    (1) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device for measuring and recording the temperature of the 
secondary chamber on a continuous basis, the output of which shall be 
recorded, at a minimum, once every minute throughout operation.
    (2) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device which automatically measures and records the date, 
time, and weight of each charge fed into the HMIWI.
    (3) The owner or operator of a designated facility shall obtain 
monitoring data at all times during HMIWI operation except during 
periods of monitoring equipment malfunction, calibration, or repair. At 
a minimum, valid monitoring data shall be obtained for 75 percent of the 
operating hours per day and for 90 percent of the operating hours per 
calendar quarter that the designated facility is combusting hospital 
waste and/or medical/infectious waste.



Sec. 60.38e  Reporting and recordkeeping guidelines.

    (a) For approval, a State plan shall include the reporting and 
recordkeeping requirements listed in Sec. 60.58c(b), (c), (d), (e), and 
(f) of subpart Ec of this part, excluding Sec. 60.58c(b)(2)(ii) 
(fugitive emissions) and (b)(7) (siting).
    (b) For approval, a State plan shall require the owner or operator 
of each small HMIWI subject to the emission limits under Sec. 60.33e(b) 
to:
    (1) Maintain records of the annual equipment inspections, any 
required maintenance, and any repairs not completed within 10 days of an 
inspection or the timeframe established by the State regulatory agency; 
and
    (2) Submit an annual report containing information recorded under 
paragraph (b)(1) of this section no later than 60 days following the 
year in which data were collected. Subsequent reports shall be sent no 
later than 12 calendar months following the previous report (once the 
unit is subject to permitting requirements under Title V of the Act, the 
owner or operator must submit these reports semiannually). The report 
shall be signed by the facilities manager.



Sec. 60.39e  Compliance times.

    (a) Not later than September 15, 1998, each State in which a 
designated facility is operating shall submit to the Administrator a 
plan to implement and enforce the emission guidelines.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
State plans shall provide that designated facilities comply with all 
requirements of the State plan on or before the date 1 year after EPA 
approval of the State plan, regardless of whether a designated facility 
is identified in the State plan inventory required by Sec. 60.25(a) of 
subpart B of this part.
    (c) State plans that specify measurable and enforceable incremental 
steps of progress towards compliance for designated facilities planning 
to install the necessary air pollution control equipment may allow 
compliance on or before the date 3 years after EPA approval of the State 
plan (but not later than the September 16, 2002. Suggested measurable 
and enforceable activities to be included in State plans are:
    (1) Date for submitting a petition for site specific operating 
parameters under Sec. 60.56c(i) of subpart Ec of this part.
    (2) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (3) Date for obtaining design drawings of the air pollution control 
device(s);
    (4) Date for ordering the air pollution control device(s);
    (5) Date for obtaining the major components of the air pollution 
control device(s);
    (6) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (7) Date for initiation of installation of the air pollution control 
device(s);
    (8) Date for initial startup of the air pollution control device(s); 
and
    (9) Date for initial compliance test(s) of the air pollution control 
device(s).
    (d) State plans that include provisions allowing designated 
facilities to

[[Page 116]]

petition the State for extensions beyond the compliance times required 
in paragraph (b) of this section shall:
    (1) Require that the designated facility requesting an extension 
submit the following information in time to allow the State adequate 
time to grant or deny the extension within 1 year after EPA approval of 
the State plan:
    (i) Documentation of the analyses undertaken to support the need for 
an extension, including an explanation of why up to 3 years after EPA 
approval of the State plan is sufficient time to comply with the State 
plan while 1 year after EPA approval of the State plan is not 
sufficient. The documentation shall also include an evaluation of the 
option to transport the waste offsite to a commercial medical waste 
treatment and disposal facility on a temporary or permanent basis; and
    (ii) Documentation of measurable and enforceable incremental steps 
of progress to be taken towards compliance with the emission guidelines.
    (2) Include procedures for granting or denying the extension; and
    (3) If an extension is granted, require compliance with the emission 
guidelines on or before the date 3 years after EPA approval of the State 
plan (but not later than September 16, 2002.
    (e) For approval, a State plan shall require compliance with Sec. 
60.34e--Operator training and qualification guidelines and Sec. 
60.36e--Inspection guidelines by the date 1 year after EPA approval of a 
State plan.
    (f) The Administrator shall develop, implement, and enforce a plan 
for existing HMIWI located in any State that has not submitted an 
approvable plan within date 2 years after September 15, 1997. Such plans 
shall ensure that each designated facility is in compliance with the 
provisions of this subpart no later than date 5 years after September 
15, 1997.

  Table 1 to Subpart Ce--Emission Limits for Small, Medium, and Large 
                                  HMIWI

----------------------------------------------------------------------------------------------------------------
                                                                             Emission limits
                                                       ---------------------------------------------------------
           Pollutant               Units (7 percent                            HMIWI size
                                  oxygen, dry basis)   ---------------------------------------------------------
                                                              Small              Medium              Large
----------------------------------------------------------------------------------------------------------------
Particulate matter............  Milligrams per dry      115 (0.05).......  69 (0.03)........  34 (0.015).
                                 standard cubic meter
                                 (grains per dry
                                 standard cubic foot).
Carbon monoxide...............  Parts per million by    40...............  40...............  40.
                                 volume.
Dioxins/furans................  Nanograms per dry       125 (55) or 2.3    125 (55) or 2.3    125 (55) or 2.3
                                 standard cubic meter    (1.0).             (1.0).             (1.0).
                                 total dioxins/furans
                                 (grains per billion
                                 dry standard cubic
                                 feet) or nanograms
                                 per dry standard
                                 cubic meter TEQ
                                 (grains per billion
                                 dry standard cubic
                                 feet).
Hydrogen chloride.............  Parts per million by    100 or 93%.......  100 or 93%.......  100 or 93%.
                                 volume or percent
                                 reduction.
Sulfur dioxide................  Parts per million by    55...............  55...............  55.
                                 volume.
Nitrogen oxides...............  Parts per million by    250..............  250..............  250.
                                 volume.
Lead..........................  Milligrams per dry      1.2 (0.52) or 70%  1.2 (0.52) or 70%  1.2 (0.52) or 70%.
                                 standard cubic meter
                                 (grains per thousand
                                 dry standard cubic
                                 feet) or percent
                                 reduction.
Cadmium.......................  Milligrams per dry      0.16 (0.07) or     0.16 (0.07) or
                                 standard cubic meter    65%.               65%..
                                 (grains per thousand
                                 dry standard cubic
                                 feet) or percent
                                 reduction.
Mercury.......................  Milligrams per dry      0.55 (0.24) or     0.55 (0.24) or     0.55 (0.24) or
                                 standard cubic meter    85%.               85%.               85%.
                                 (grains per thousand
                                 dry standard cubic
                                 feet) or percent
                                 reduction.
----------------------------------------------------------------------------------------------------------------

 Table 2 to Subpart Ce--Emissions Limits for Small HMIWI Which Meet the 
                     Criteria Under Sec. 60.33e(b)

------------------------------------------------------------------------
                                   Units (7 percent      HMIWI emission
           Pollutant              oxygen, dry basis)         limits
------------------------------------------------------------------------
Particulate matter............  Milligrams per dry     197 (0.086).
                                 standard cubic meter
                                 (grains per dry
                                 standard cubic foot).
Carbon monoxide...............  Parts per million by   40.
                                 volume.

[[Page 117]]

 
Dioxins/furans................  nanograms per dry      800 (350) or 15
                                 standard cubic meter   (6.6).
                                 total dioxins/furans
                                 (grains per billion
                                 dry standard cubic
                                 feet) or nanograms
                                 per dry standard
                                 cubic meter TEQ
                                 (grains per billion
                                 dry standard cubic
                                 feet).
Hydrogen chloride.............  Parts per million by   3100.
                                 volume.
Sulfur dioxide................  Parts per million by   55.
                                 volume.
Nitrogen oxides...............  Parts per million by   250.
                                 volume.
Lead..........................  Milligrams per dry     10 (4.4).
                                 standard cubic meter
                                 (grains per thousand
                                 dry standard cubic
                                 feet).
Cadmium.......................  Milligrams per dry     4 (1.7).
                                 standard cubic meter
                                 (grains per thousand
                                 dry standard cubic
                                 feet).
Mercury.......................  Milligrams per dry     7.5 (3.3).
                                 standard cubic meter
                                 (grains per
                                 thousands dry
                                 standard cubic feet).
------------------------------------------------------------------------



     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
  Generators for Which Construction Is Commenced After August 17, 1971

    Source: 72 FR 32717, June 13, 2007, unless otherwise noted.



Sec. 60.40  Applicability and designation of affected facility.

    (a) The affected facilities to which the provisions of this subpart 
apply are:
    (1) Each fossil-fuel-fired steam generating unit of more than 73 
megawatts (MW) heat input rate (250 million British thermal units per 
hour (MMBtu/hr)).
    (2) Each fossil-fuel and wood-residue-fired steam generating unit 
capable of firing fossil fuel at a heat input rate of more than 73 MW 
(250 MMBtu/hr).
    (b) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels as defined in this subpart, shall not bring that unit under the 
applicability of this subpart.
    (c) Except as provided in paragraph (d) of this section, any 
facility under paragraph (a) of this section that commenced construction 
or modification after August 17, 1971, is subject to the requirements of 
this subpart.
    (d) The requirements of Sec. Sec. 60.44 (a)(4), (a)(5), (b) and 
(d), and 60.45(f)(4)(vi) are applicable to lignite-fired steam 
generating units that commenced construction or modification after 
December 22, 1976.
    (e) Any facility covered under subpart Da is not covered under this 
subpart.



Sec. 60.41  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, and in subpart A of this part.
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the steam-generating unit. It is not necessary for fuel to be combusted 
the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec. 60.17).
    Coal refuse means waste-products of coal mining, cleaning, and coal 
preparation operations (e.g. culm, gob, etc.) containing coal, matrix 
material, clay, and other organic and inorganic material.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    Fossil fuel and wood residue-fired steam generating unit means a 
furnace or boiler used in the process of burning fossil fuel and wood 
residue for the purpose of producing steam by heat transfer.
    Fossil-fuel-fired steam generating unit means a furnace or boiler 
used in the process of burning fossil fuel for the purpose of producing 
steam by heat transfer.
    Wood residue means bark, sawdust, slabs, chips, shavings, mill trim, 
and other wood products derived from wood

[[Page 118]]

processing and forest management operations.



Sec. 60.42  Standard for particulate matter (PM).

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases that:
    (1) Contain PM in excess of 43 nanograms per joule (ng/J) heat input 
(0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood 
residue.
    (2) Exhibit greater than 20 percent opacity except for one six-
minute period per hour of not more than 27 percent opacity.
    (b)(1) On or after December 28, 1979, no owner or operator shall 
cause to be discharged into the atmosphere from the Southwestern Public 
Service Company's Harrington Station 1, in Amarillo, TX, any 
gases which exhibit greater than 35 percent opacity, except that a 
maximum or 42 percent opacity shall be permitted for not more than 6 
minutes in any hour.
    (2) Interstate Power Company shall not cause to be discharged into 
the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any 
gases which exhibit greater than 32 percent opacity, except that a 
maximum of 39 percent opacity shall be permitted for not more than six 
minutes in any hour.



Sec. 60.43  Standard for sulfur dioxide (SO2).

    (a) Except as provided under paragraph (d) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec. 60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any gases that contain SO2 in excess 
of:
    (1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil 
fuel or liquid fossil fuel and wood residue.
    (2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue, except as provided in 
paragraph (e) of this section.
    (b) Except as provided under paragraph (d) of this section, when 
different fossil fuels are burned simultaneously in any combination, the 
applicable standard (in ng/J) shall be determined by proration using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.000

Where:

PSSO2 = Prorated standard for SO2 when burning 
          different fuels simultaneously, in ng/J heat input derived 
          from all fossil fuels or from all fossil fuels and wood 
          residue fired;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel.

    (c) Compliance shall be based on the total heat input from all 
fossil fuels burned, including gaseous fuels.
    (d) As an alternate to meeting the requirements of paragraphs (a) 
and (b) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec. 60.43Da(i)(3) of subpart 
Da of this part or comply with Sec. 60.42b(k) of subpart Db of this 
part, as applicable to the affected source. If the Administrator grants 
the petition, the source will from then on (unless the unit is modified 
or reconstructed in the future) have to comply with the requirements in 
Sec. 60.43Da(i)(3) of subpart Da of this part or Sec. 60.42b(k) of 
subpart Db of this part, as applicable to the affected source.
    (e) Units 1 and 2 (as defined in appendix G of this part) at the 
Newton Power Station owned or operated by the Central Illinois Public 
Service Company will be in compliance with paragraph (a)(2) of this 
section if Unit 1 and Unit 2 individually comply with paragraph (a)(2) 
of this section or if the combined emission rate from Units 1 and 2 does 
not exceed 470 ng/J (1.1 lb/MMBtu) combined heat input to Units 1 and 2.



Sec. 60.44  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraph (e) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec. 60.8 is

[[Page 119]]

completed, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility any gases that contain NOX, expressed as 
NO2 in excess of:
    (1) 86 ng/J heat input (0.20 lb/MMBtu) derived from gaseous fossil 
fuel.
    (2) 129 ng/J heat input (0.30 lb/MMBtu) derived from liquid fossil 
fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and 
wood residue.
    (3) 300 ng/J heat input (0.70 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue (except lignite or a solid 
fossil fuel containing 25 percent, by weight, or more of coal refuse).
    (4) 260 ng/J heat input (0.60 lb MMBtu) derived from lignite or 
lignite and wood residue (except as provided under paragraph (a)(5) of 
this section).
    (5) 340 ng/J heat input (0.80 lb MMBtu) derived from lignite which 
is mined in North Dakota, South Dakota, or Montana and which is burned 
in a cyclone-fired unit.
    (b) Except as provided under paragraphs (c), (d), and (e) of this 
section, when different fossil fuels are burned simultaneously in any 
combination, the applicable standard (in ng/J) is determined by 
proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.001

Where:

PSNOX = Prorated standard for NOX when 
          burning different fuels simultaneously, in ng/J heat input 
          derived from all fossil fuels fired or from all fossil fuels 
          and wood residue fired;
w = Percentage of total heat input derived from lignite;
x = Percentage of total heat input derived from gaseous fossil fuel;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel 
          (except lignite).

    (c) When a fossil fuel containing at least 25 percent, by weight, of 
coal refuse is burned in combination with gaseous, liquid, or other 
solid fossil fuel or wood residue, the standard for NOX does 
not apply.
    (d) Except as provided under paragraph (e) of this section, cyclone-
fired units which burn fuels containing at least 25 percent of lignite 
that is mined in North Dakota, South Dakota, or Montana remain subject 
to paragraph (a)(5) of this section regardless of the types of fuel 
combusted in combination with that lignite.
    (e) As an alternate to meeting the requirements of paragraphs (a), 
(b), and (d) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec. 60.44Da(e)(3) of subpart 
Da of this part. If the Administrator grants the petition, the source 
will from then on (unless the unit is modified or reconstructed in the 
future) have to comply with the requirements in Sec. 60.44Da(e)(3) of 
subpart Da of this part.



Sec. 60.45  Emissions and fuel monitoring.

    (a) Each owner or operator shall install, calibrate, maintain, and 
operate continuous emissions monitoring systems (CEMS) for measuring the 
opacity of emissions, SO2 emissions, NOX 
emissions, and either oxygen (O2) or carbon dioxide 
(CO2) except as provided in paragraph (b) of this section.
    (b) Certain of the CEMS requirements under paragraph (a) of this 
section do not apply to owners or operators under the following 
conditions:
    (1) For a fossil-fuel-fired steam generator that burns only gaseous 
fossil fuel and that does not use post-combustion technology to reduce 
emissions of SO2 or PM, CEMS for measuring the opacity of 
emissions and SO2 emissions are not required.
    (2) For a fossil-fuel-fired steam generator that does not use a flue 
gas desulfurization device, a CEMS for

[[Page 120]]

measuring SO2 emissions is not required if the owner or 
operator monitors SO2 emissions by fuel sampling and 
analysis.
    (3) Notwithstanding Sec. 60.13(b), installation of a CEMS for 
NOX may be delayed until after the initial performance tests 
under Sec. 60.8 have been conducted. If the owner or operator 
demonstrates during the performance test that emissions of 
NOX are less than 70 percent of the applicable standards in 
Sec. 60.44, a CEMS for measuring NOX emissions is not 
required. If the initial performance test results show that 
NOX emissions are greater than 70 percent of the applicable 
standard, the owner or operator shall install a CEMS for NOX 
within one year after the date of the initial performance tests under 
Sec. 60.8 and comply with all other applicable monitoring requirements 
under this part.
    (4) If an owner or operator does not install any CEMS for sulfur 
oxides and NOX, as provided under paragraphs (b)(1) and 
(b)(3) or paragraphs (b)(2) and (b)(3) of this section a CEMS for 
measuring either O2 or CO2 is not required.
    (5) An owner or operator may petition the Administrator (in writing) 
to install a PM CEMS as an alternative to the CEMS for monitoring 
opacity emissions.
    (6) A CEMS for measuring the opacity of emissions is not required 
for a fossil fuel-fired steam generator that does not use post-
combustion technology (except a wet scrubber) for reducing PM, 
SO2, or carbon monoxide (CO) emissions, burns only gaseous 
fuels or fuel oils that contain less than or equal to 0.30 weight 
percent sulfur, and is operated such that emissions of CO to the 
atmosphere from the affected source are maintained at levels less than 
or equal to 0.15 lb/MMBtu on a boiler operating day average basis. 
Owners and operators of affected sources electing to comply with this 
paragraph must demonstrate compliance according to the procedures 
specified in paragraphs (b)(6)(i) through (iv) of this section.
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (b)(6)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. At least two data points per hour must be used to 
calculate each 1-hour average.
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly heat input to the affected source. The 24-hour average CO 
emission level is determined by calculating the arithmetic average of 
the hourly CO emission levels computed for each boiler operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected source 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 0.15 lb/MMBtu, you must initiate investigation of 
the relevant equipment and control systems within 24 hours of the first 
discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to reduce the 24-hour average CO emission level to 0.15 
lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (b)(6) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.

[[Page 121]]

    (c) For performance evaluations under Sec. 60.13(c) and calibration 
checks under Sec. 60.13(d), the following procedures shall be used:
    (1) Methods 6, 7, and 3B of appendix A of this part, as applicable, 
shall be used for the performance evaluations of SO2 and 
NOX continuous monitoring systems. Acceptable alternative 
methods for Methods 6, 7, and 3B of appendix A of this part are given in 
Sec. 60.46(d).
    (2) Sulfur dioxide or nitric oxide, as applicable, shall be used for 
preparing calibration gas mixtures under Performance Specification 2 of 
appendix B to this part.
    (3) For affected facilities burning fossil fuel(s), the span value 
for a continuous monitoring system measuring the opacity of emissions 
shall be 80, 90, or 100 percent. For a continuous monitoring system 
measuring sulfur oxides or NOX the span value shall be 
determined using one of the following procedures:
    (i) Except as provided under paragraph (c)(3)(ii) of this section, 
SO2 and NOX span values shall be determined as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                 In parts per million
             Fossil fuel             ---------------------------------------------------------------------------
                                               Span value for SO2                    Span value for NOX
----------------------------------------------------------------------------------------------------------------
Gas.................................  (\1\)...............................  500.
Liquid..............................  1,000...............................  500.
Solid...............................  1,500...............................  1,000.
Combinations........................  1,000y + 1,500z.....................  500 (x + y) + 1,000z.
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

Where:

x = Fraction of total heat input derived from gaseous fossil fuel;
y = Fraction of total heat input derived from liquid fossil fuel; and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(c)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the SO2 and NOX span values 
determined according to sections 2.1.1 and 2.1.2 in appendix A to part 
75 of this chapter.
    (4) All span values computed under paragraph (c)(3)(i) of this 
section for burning combinations of fossil fuels shall be rounded to the 
nearest 500 ppm. Span values that are computed under paragraph 
(c)(3)(ii) of this section shall be rounded off according to the 
applicable procedures in section 2 of appendix A to part 75 of this 
chapter.
    (5) For a fossil-fuel-fired steam generator that simultaneously 
burns fossil fuel and nonfossil fuel, the span value of all CEMS shall 
be subject to the Administrator's approval.
    (d) [Reserved]
    (e) For any CEMS installed under paragraph (a) of this section, the 
following conversion procedures shall be used to convert the continuous 
monitoring data into units of the applicable standards (ng/J, lb/MMBtu):
    (1) When a CEMS for measuring O2 is selected, the 
measurement of the pollutant concentration and O2 
concentration shall each be on a consistent basis (wet or dry). 
Alternative procedures approved by the Administrator shall be used when 
measurements are on a wet basis. When measurements are on a dry basis, 
the following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.002

Where E, C, F, and %O2 are determined under paragraph (f) of 
          this section.

    (2) When a CEMS for measuring CO2 is selected, the 
measurement of the pollutant concentration and CO2 
concentration shall each be on a consistent basis (wet or dry) and the 
following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.003

Where E, C, Fc and %CO2 are determined under 
          paragraph (f) of this section.


[[Page 122]]


    (f) The values used in the equations under paragraphs (e)(1) and (2) 
of this section are derived as follows:
    (1) E = pollutant emissions, ng/J (lb/MMBtu).
    (2) C = pollutant concentration, ng/dscm (lb/dscf), determined by 
multiplying the average concentration (ppm) for each one-hour period by 
4.15 x 10\4\ M ng/dscm per ppm (2.59 x 10-9 M lb/dscf per 
ppm) where M = pollutant molecular weight, g/g-mole (lb/lb-mole). M = 
64.07 for SO2 and 46.01 for NOX.
    (3) %O2, %CO2 = O2 or 
CO2 volume (expressed as percent), determined with equipment 
specified under paragraph (a) of this section.
    (4) F, Fc = a factor representing a ratio of the volume 
of dry flue gases generated to the calorific value of the fuel combusted 
(F), and a factor representing a ratio of the volume of CO2 
generated to the calorific value of the fuel combusted (Fc), 
respectively. Values of F and Fc are given as follows:
    (i) For anthracite coal as classified according to ASTM D388 
(incorporated by reference, see Sec. 60.17), F = 2,723 x 
10-17 dscm/J (10,140 dscf/MMBtu) and Fc = 0.532 x 
10-17 scm CO2/J (1,980 scf CO2/MMBtu).
    (ii) For subbituminous and bituminous coal as classified according 
to ASTM D388 (incorporated by reference, see Sec. 60.17), F = 2.637 x 
10-7 dscm/J (9,820 dscf/MMBtu) and Fc = 0.486 x 
10-7 scm CO2/J (1,810 scf CO2/MMBtu).
    (iii) For liquid fossil fuels including crude, residual, and 
distillate oils, F = 2.476 x 10-7 dscm/J (9,220 dscf/MMBtu) 
and Fc = 0.384 x 10-7 scm CO2/J (1,430 
scf CO2/MMBtu).
    (iv) For gaseous fossil fuels, F = 2.347 x 10-7 dscm/J 
(8,740 dscf/MMBtu). For natural gas, propane, and butane fuels, 
Fc = 0.279 x 10-7 scm CO2/J (1,040 scf 
CO2/MMBtu) for natural gas, 0.322 x 10-7 scm 
CO2/J (1,200 scf CO2/MMBtu) for propane, and 0.338 
x 10-7 scm CO2/J (1,260 scf CO2/MMBtu) 
for butane.
    (v) For bark F = 2.589 x 10-7 dscm/J (9,640 dscf/MMBtu) 
and Fc = 0.500 x 10-7 scm CO2/J (1,840 
scf CO2/MMBtu). For wood residue other than bark F = 2.492 x 
10-7 dscm/J (9,280 dscf/MMBtu) and Fc = 0.494 x 
10-7 scm CO2/J (1,860 scf CO2/MMBtu).
    (vi) For lignite coal as classified according to ASTM D388 
(incorporated by reference, see Sec. 60.17), F = 2.659 x 
10-7 dscm/J (9,900 dscf/MMBtu) and Fc = 0.516 x 
10-7 scm CO2/J (1,920 scf CO2/MMBtu).
    (5) The owner or operator may use the following equation to 
determine an F factor (dscm/J or dscf/MMBtu) on a dry basis (if it is 
desired to calculate F on a wet basis, consult the Administrator) or Fc 
factor (scm CO2/J, or scf CO2/MMBtu) on either 
basis in lieu of the F or Fc factors specified in paragraph 
(f)(4) of this section:

[[Page 123]]

[GRAPHIC] [TIFF OMITTED] TR13JN07.004

    (i) %H, %C, %S, %N, and %O are content by weight of hydrogen, 
carbon, sulfur, nitrogen, and O2 (expressed as percent), 
respectively, as determined on the same basis as GCV by ultimate 
analysis of the fuel fired, using ASTM D3178 or D3176 (solid fuels), or 
computed from results using ASTM D1137, D1945, or D1946 (gaseous fuels) 
as applicable. (These five methods are incorporated by reference, see 
Sec. 60.17.)
    (ii) GVC is the gross calorific value (kJ/kg, Btu/lb) of the fuel 
combusted determined by the ASTM test methods D2015 or D5865 for solid 
fuels and D1826 for gaseous fuels as applicable. (These three methods 
are incorporated by reference, see Sec. 60.17.)
    (iii) For affected facilities which fire both fossil fuels and 
nonfossil fuels, the F or Fc value shall be subject to the 
Administrator's approval.
    (6) For affected facilities firing combinations of fossil fuels or 
fossil fuels and wood residue, the F or Fc factors determined by 
paragraphs (f)(4) or (f)(5) of this section shall be prorated in 
accordance with the applicable formula as follows:
[GRAPHIC] [TIFF OMITTED] TR13JN07.005

Where:

Xi = Fraction of total heat input derived from each type of 
          fuel (e.g. natural gas, bituminous coal, wood residue, etc.);
Fi or (Fc)i = Applicable F or 
          Fc factor for each fuel type determined in 
          accordance with paragraphs (f)(4) and (f)(5) of this section; 
          and
n = Number of fuels being burned in combination.

    (g) Excess emission and monitoring system performance reports shall 
be submitted to the Administrator semiannually for each six-month period 
in the calendar year. All semiannual reports shall be postmarked by the 
30th day following the end of each six-month period. Each excess 
emission and MSP report shall include the information required in Sec. 
60.7(c). Periods of excess emissions and monitoring systems (MS) 
downtime that shall be reported are defined as follows:
    (1) Opacity. Excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 20 percent 
opacity, except that one six-minute average per hour of up to 27 percent 
opacity need not be reported.
    (i) For sources subject to the opacity standard of Sec. 
60.42(b)(1), excess emissions are defined as any six-minute period 
during which the average opacity

[[Page 124]]

of emissions exceeds 35 percent opacity, except that one six-minute 
average per hour of up to 42 percent opacity need not be reported.
    (ii) For sources subject to the opacity standard of Sec. 
60.42(b)(2), excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 32 percent 
opacity, except that one six-minute average per hour of up to 39 percent 
opacity need not be reported.
    (2) Sulfur dioxide. Excess emissions for affected facilities are 
defined as:
    (i) Any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) of 
SO2 as measured by a CEMS exceed the applicable standard 
under Sec. 60.43, or
    (ii) Any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of SO2 as measured by a CEMS exceed the applicable 
standard under Sec. 60.43. Facilities complying with the 30-day 
SO2 standard shall use the most current associated 
SO2 compliance and monitoring requirements in Sec. Sec. 
60.48Da and 60.49Da of subpart Da of this part.
    (3) Nitrogen oxides. Excess emissions for affected facilities using 
a CEMS for measuring NOX are defined as:
    (i) Any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) exceed the 
applicable standards under Sec. 60.44, or
    (ii) Any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of NOX as measured by a CEMS exceed the applicable 
standard under Sec. 60.43. Facilities complying with the 30-day 
NOX standard shall use the most current associated 
NOX compliance and monitoring requirements in Sec. Sec. 
60.48Da and 60.49Da of subpart Da of this part.
    (4) Particulate matter. Excess emissions for affected facilities 
using a CEMS for measuring PM are defined as any boiler operating day 
period during which the average emissions (arithmetic average of all 
operating one-hour periods) exceed the applicable standards under Sec. 
60.43. Affected facilities using PM CEMS in lieu of a CEMS for 
monitoring opacity emissions must follow the most current applicable 
compliance and monitoring provisions in Sec. Sec. 60.48Da and 60.49Da 
of subpart Da of this part.



Sec. 60.46  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, and 
subsequent performance tests as requested by the EPA Administrator, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (d) 
of this section.
    (b) The owner or operator shall determine compliance with the PM, 
SO2, and NOX standards in Sec. Sec. 60.42, 60.43, 
and 60.44 as follows:
    (1) The emission rate (E) of PM, SO2, or NOX 
shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.006

Where:

E = Emission rate of pollutant, ng/J (1b/million Btu);
C = Concentration of pollutant, ng/dscm (1b/dscf);
%O2 = O2 concentration, percent dry basis; and
Fd = Factor as determined from Method 19 of appendix A of 
          this part.

    (2) Method 5 of appendix A of this part shall be used to determine 
the PM concentration (C) at affected facilities without wet flue-gas-
desulfurization (FGD) systems and Method 5B of appendix A of this part 
shall be used to determine the PM concentration (C) after FGD systems.
    (i) The sampling time and sample volume for each run shall be at 
least 60 minutes and 0.85 dscm (30 dscf). The probe and filter holder 
heating systems in the sampling train shall be set to provide an average 
gas temperature of 16014 [deg]C (32025 [deg]F).
    (ii) The emission rate correction factor, integrated or grab 
sampling and analysis procedure of Method 3B of appendix A of this part 
shall be used to determine the O2 concentration 
(%O2).

[[Page 125]]

The O2 sample shall be obtained simultaneously with, and at 
the same traverse points as, the particulate sample. If the grab 
sampling procedure is used, the O2 concentration for the run 
shall be the arithmetic mean of the sample O2 concentrations 
at all traverse points.
    (iii) If the particulate run has more than 12 traverse points, the 
O2 traverse points may be reduced to 12 provided that Method 
1 of appendix A of this part is used to locate the 12 O2 
traverse points.
    (3) Method 9 of appendix A of this part and the procedures in Sec. 
60.11 shall be used to determine opacity.
    (4) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration.
    (i) The sampling site shall be the same as that selected for the 
particulate sample. The sampling location in the duct shall be at the 
centroid of the cross section or at a point no closer to the walls than 
1 m (3.28 ft). The sampling time and sample volume for each sample run 
shall be at least 20 minutes and 0.020 dscm (0.71 dscf). Two samples 
shall be taken during a 1-hour period, with each sample taken within a 
30-minute interval.
    (ii) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 concentration (%O2). The 
O2 sample shall be taken simultaneously with, and at the same 
point as, the SO2 sample. The SO2 emission rate 
shall be computed for each pair of SO2 and O2 
samples. The SO2 emission rate (E) for each run shall be the 
arithmetic mean of the results of the two pairs of samples.
    (5) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration.
    (i) The sampling site and location shall be the same as for the 
SO2 sample. Each run shall consist of four grab samples, with 
each sample taken at about 15-minute intervals.
    (ii) For each NOX sample, the emission rate correction 
factor, grab sampling and analysis procedure of Method 3B of appendix A 
of this part shall be used to determine the O2 concentration 
(%O2). The sample shall be taken simultaneously with, and at 
the same point as, the NOX sample.
    (iii) The NOX emission rate shall be computed for each 
pair of NOX and O2 samples. The NOX 
emission rate (E) for each run shall be the arithmetic mean of the 
results of the four pairs of samples.
    (c) When combinations of fossil fuels or fossil fuel and wood 
residue are fired, the owner or operator (in order to compute the 
prorated standard as shown in Sec. Sec. 60.43(b) and 60.44(b)) shall 
determine the percentage (w, x, y, or z) of the total heat input derived 
from each type of fuel as follows:
    (1) The heat input rate of each fuel shall be determined by 
multiplying the gross calorific value of each fuel fired by the rate of 
each fuel burned.
    (2) ASTM Methods D2015, or D5865 (solid fuels), D240 (liquid fuels), 
or D1826 (gaseous fuels) (all of these methods are incorporated by 
reference, see Sec. 60.17) shall be used to determine the gross 
calorific values of the fuels. The method used to determine the 
calorific value of wood residue must be approved by the Administrator.
    (3) Suitable methods shall be used to determine the rate of each 
fuel burned during each test period, and a material balance over the 
steam generating system shall be used to confirm the rate.
    (d) The owner or operator may use the following as alternatives to 
the reference methods and procedures in this section or in other 
sections as specified:
    (1) The emission rate (E) of PM, SO2 and NOX 
may be determined by using the Fc factor, provided that the following 
procedure is used:
    (i) The emission rate (E) shall be computed using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR13JN07.007

Where:

E = Emission rate of pollutant, ng/J (lb/MMBtu);
C = Concentration of pollutant, ng/dscm (lb/dscf);
%CO2 = CO2 concentration, percent dry basis; and
Fc = Factor as determined in appropriate sections of Method 
          19 of appendix A of this part.


[[Page 126]]


    (ii) If and only if the average Fc factor in Method 19 of appendix A 
of this part is used to calculate E and either E is from 0.97 to 1.00 of 
the emission standard or the relative accuracy of a continuous emission 
monitoring system is from 17 to 20 percent, then three runs of Method 3B 
of appendix A of this part shall be used to determine the O2 
and CO2 concentration according to the procedures in 
paragraph (b)(2)(ii), (4)(ii), or (5)(ii) of this section. Then if 
Fo (average of three runs), as calculated from the equation 
in Method 3B of appendix A of this part, is more than 3 percent than the average Fo value, as 
determined from the average values of Fd and Fc in 
Method 19 of appendix A of this part, i.e., Foa = 0.209 
(Fda/Fca), then the following procedure shall be 
followed:
    (A) When Fo is less than 0.97 Foa, then E 
shall be increased by that proportion under 0.97 Foa, e.g., 
if Fo is 0.95 Foa, E shall be increased by 2 
percent. This recalculated value shall be used to determine compliance 
with the emission standard.
    (B) When Fo is less than 0.97 Foa and when the 
average difference (d) between the continuous monitor minus the 
reference methods is negative, then E shall be increased by that 
proportion under 0.97 Foa, e.g., if Fo is 0.95 
Foa, E shall be increased by 2 percent. This recalculated 
value shall be used to determine compliance with the relative accuracy 
specification.
    (C) When Fo is greater than 1.03 Foa and when 
the average difference d is positive, then E shall be decreased by that 
proportion over 1.03 Foa, e.g., if Fo is 1.05 
Foa, E shall be decreased by 2 percent. This recalculated 
value shall be used to determine compliance with the relative accuracy 
specification.
    (2) For Method 5 or 5B of appendix A of this part, Method 17 of 
appendix A of this part may be used at facilities with or without wet 
FGD systems if the stack gas temperature at the sampling location does 
not exceed an average temperature of 16 0 [deg]C (320 [deg]F). The 
procedures of sections 2.1 and 2.3 of Method 5B of appendix A of this 
part may be used with Method 17 of appendix A of this part only if it is 
used after wet FGD systems. Method 17 of appendix A of this part shall 
not be used after wet FGD systems if the effluent gas is saturated or 
laden with water droplets.
    (3) Particulate matter and SO2 may be determined 
simultaneously with the Method 5 of appendix A of this part train 
provided that the following changes are made:
    (i) The filter and impinger apparatus in sections 2.1.5 and 2.1.6 of 
Method 8 of appendix A of this part is used in place of the condenser 
(section 2.1.7) of Method 5 of appendix A of this part.
    (ii) All applicable procedures in Method 8 of appendix A of this 
part for the determination of SO2 (including moisture) are 
used:
    (4) For Method 6 of appendix A of this part, Method 6C of appendix A 
of this part may be used. Method 6A of appendix A of this part may also 
be used whenever Methods 6 and 3B of appendix A of this part data are 
specified to determine the SO2 emission rate, under the 
conditions in paragraph (d)(1) of this section.
    (5) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this part is used, the sampling time for each run shall be 
at least 1 hour and the integrated sampling approach shall be used to 
determine the O2 concentration (%O2) for the 
emission rate correction factor.
    (6) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used.
    (7) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.



     Subpart Da_Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 18, 
                                  1978

    Source: 72 FR 32722, June 13, 2007, unless otherwise noted.



Sec. 60.40Da  Applicability and designation of affected facility.

    (a) The affected facility to which this subpart applies is each 
electric utility steam generating unit:

[[Page 127]]

    (1) That is capable of combusting more than 73 megawatts (MW) (250 
million British thermal units per hour (MMBtu/hr) heat input of fossil 
fuel (either alone or in combination with any other fuel); and
    (2) For which construction, modification, or reconstruction is 
commenced after September 18, 1978.
    (b) Combined cycle gas turbines (both the stationary combustion 
turbine and any associated duct burners) are subject to this part and 
not subject to subpart GG or KKKK of this part if:
    (1) The combined cycle gas turbine is capable of combusting more 
than 73 MW (250 MMBtu/hr) heat input of fossil fuel (either alone or in 
combination with any other fuel); and
    (2) The combined cycle gas turbine is designed and intended to burn 
fuels containing 50 percent (by heat input) or more solid-derived fuel 
not meeting the definition of natural gas on a 12-month rolling average 
basis; and
    (3) The combined cycle gas turbine commenced construction, 
modification, or reconstruction after February 28, 2005.
    (4) This subpart will continue to apply to all other electric 
utility combined cycle gas turbines that are capable of combusting more 
than 73 MW (250 MMBtu/hr) heat input of fossil fuel in the heat recovery 
steam generator. If the heat recovery steam generator is subject to this 
subpart and the stationary combustion turbine is subject to either 
subpart GG or KKKK of this part, only emissions resulting from 
combustion of fuels in the steam-generating unit are subject to this 
subpart. (The stationary combustion turbine emissions are subject to 
subpart GG or KKKK, as applicable, of this part).
    (c) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels, shall not bring that unit under the applicability of this 
subpart.
    (d) Any change to an existing steam generating unit originally 
designed to fire gaseous or liquid fossil fuels, to accommodate the use 
of any other fuel (fossil or nonfossil) shall not bring that unit under 
the applicability of this subpart.



Sec. 60.41Da  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Anthracite means coal that is classified as anthracite according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Available purchase power means the lesser of the following:
    (a) The sum of available system capacity in all neighboring 
companies.
    (b) The sum of the rated capacities of the power interconnection 
devices between the principal company and all neighboring companies, 
minus the sum of the electric power load on these interconnections.
    (c) The rated capacity of the power transmission lines between the 
power interconnection devices and the electric generating units (the 
unit in the principal company that has the malfunctioning flue gas 
desulfurization system and the unit(s) in the neighboring company 
supplying replacement electrical power) less the electric power load on 
these transmission lines.
    Available system capacity means the capacity determined by 
subtracting the system load and the system emergency reserves from the 
net system capacity.
    Biomass means plant materials and animal waste.
    Bituminous coal means coal that is classified as bituminous 
according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec. 60.17).
    Boiler operating day for units constructed, reconstructed, or 
modified on or before February 28, 2005, means a 24-hour period during 
which fossil fuel is combusted in a steam-generating unit for the entire 
24 hours. For units constructed, reconstructed, or modified after 
February 28, 2005, boiler operating day means a 24-hour period between 
12 midnight and the following midnight during which any fuel is 
combusted at any time in the steam-generating unit. It is not necessary 
for fuel to be combusted the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in

[[Page 128]]

ASTM D388 (incorporated by reference, see Sec. 60.17) and coal refuse. 
Synthetic fuels derived from coal for the purpose of creating useful 
heat, including but not limited to solvent-refined coal, gasified coal 
(not meeting the definition of natural gas), coal-oil mixtures, and 
coal-water mixtures are included in this definition for the purposes of 
this subpart.
    Coal-fired electric utility steam generating unit means an electric 
utility steam generating unit that burns coal, coal refuse, or a 
synthetic gas derived from coal either exclusively, in any combination 
together, or in any combination with other fuels in any amount.
    Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g. culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material.
    Cogeneration, also known as ``combined heat and power,'' means a 
steam-generating unit that simultaneously produces both electric (or 
mechanical) and useful thermal energy from the same primary energy 
source.
    Combined cycle gas turbine means a stationary turbine combustion 
system where heat from the turbine exhaust gases is recovered by a steam 
generating unit.
    Dry flue gas desulfurization technology or dry FGD means a sulfur 
dioxide control system that is located downstream of the steam 
generating unit and removes sulfur oxides (SO2) from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline reagent and water, whether introduced 
separately or as a premixed slurry or solution and forming a dry powder 
material. This definition includes devices where the dry powder material 
is subsequently converted to another form. Alkaline slurries or 
solutions used in dry FGD technology include, but are not limited to, 
lime and sodium.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    Electric utility combined cycle gas turbine means any combined cycle 
gas turbine used for electric generation that is constructed for the 
purpose of supplying more than one-third of its potential electric 
output capacity and more than 25 MW net-electrical output to any utility 
power distribution system for sale. Any steam distribution system that 
is constructed for the purpose of providing steam to a steam electric 
generator that would produce electrical power for sale is also 
considered in determining the electrical energy output capacity of the 
affected facility.
    Electric utility company means the largest interconnected 
organization, business, or governmental entity that generates electric 
power for sale (e.g., a holding company with operating subsidiary 
companies).
    Electric utility steam-generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW net-electrical output to any utility power distribution system for 
sale. Also, any steam supplied to a steam distribution system for the 
purpose of providing steam to a steam-electric generator that would 
produce electrical energy for sale is considered in determining the 
electrical energy output capacity of the affected facility.
    Electrostatic precipitator or ESP means an add-on air pollution 
control device used to capture particulate matter (PM) by charging the 
particles using an electrostatic field, collecting the particles using a 
grounded collecting surface, and transporting the particles into a 
hopper.
    Emergency condition means that period of time when:
    (1) The electric generation output of an affected facility with a 
malfunctioning flue gas desulfurization system cannot be reduced or 
electrical output must be increased because:
    (i) All available system capacity in the principal company 
interconnected with the affected facility is being operated, and

[[Page 129]]

    (ii) All available purchase power interconnected with the affected 
facility is being obtained, or
    (2) The electric generation demand is being shifted as quickly as 
possible from an affected facility with a malfunctioning flue gas 
desulfurization system to one or more electrical generating units held 
in reserve by the principal company or by a neighboring company, or
    (3) An affected facility with a malfunctioning flue gas 
desulfurization system becomes the only available unit to maintain a 
part or all of the principal company's system emergency reserves and the 
unit is operated in spinning reserve at the lowest practical electric 
generation load consistent with not causing significant physical damage 
to the unit. If the unit is operated at a higher load to meet load 
demand, an emergency condition would not exist unless the conditions 
under paragraph (1) of this definition apply.
    Emission limitation means any emissions limit or operating limit.
    Emission rate period means any calendar month included in a 12-month 
rolling average period.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such material for the 
purpose of creating useful heat.
    Gaseous fuel means any fuel derived from coal or petroleum that is 
present as a gas at standard conditions and includes, but is not limited 
to, refinery fuel gas, process gas, coke-oven gas, synthetic gas, and 
gasified coal.
    Gross output means the gross useful work performed by the steam 
generated and, for an IGCC electric utility steam generating unit, the 
fuel burned in stationary combustion turbines. For a unit generating 
only electricity, the gross useful work performed is the gross 
electrical output from the unit's turbine/generator sets. For a 
cogeneration unit, the gross useful work performed is the gross 
electrical or mechanical output plus 75 percent of the useful thermal 
output measured relative to ISO conditions that is not used to generate 
additional electrical or mechanical output (i.e., steam delivered to an 
industrial process).
    24-hour period means the period of time between 12:01 a.m. and 12:00 
midnight.
    Integrated gasification combined cycle electric utility steam 
generating unit or IGCC electric utility steam generating unit means a 
coal-fired electric utility steam generating unit that burns a synthetic 
gas derived from coal in a combined-cycle gas turbine. No coal is 
directly burned in the unit during operation.
    Interconnected means that two or more electric generating units are 
electrically tied together by a network of power transmission lines, and 
other power transmission equipment.
    ISO conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means coal that is classified as lignite A or B according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquid petroleum gas, as defined by the American Society of 
Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec. 60.17); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per standard cubic meter (910 and 
1,150 Btu per standard cubic foot).
    Neighboring company means any one of those electric utility 
companies with one or more electric power interconnections to the 
principal company and which have geographically adjoining service areas.

[[Page 130]]

    Net-electric output means the gross electric sales to the utility 
power distribution system minus purchased power on a calendar year 
basis.
    Net system capacity means the sum of the net electric generating 
capability (not necessarily equal to rated capacity) of all electric 
generating equipment owned by an electric utility company (including 
steam generating units, internal combustion engines, gas turbines, 
nuclear units, hydroelectric units, and all other electric generating 
equipment) plus firm contractual purchases that are interconnected to 
the affected facility that has the malfunctioning flue gas 
desulfurization system. The electric generating capability of equipment 
under multiple ownership is prorated based on ownership unless the 
proportional entitlement to electric output is otherwise established by 
contractual arrangement.
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Petroleum means crude oil or petroleum or a fuel derived from crude 
oil or petroleum, including, but not limited to, distillate oil, 
residual oil, and petroleum coke.
    Potential combustion concentration means the theoretical emissions 
(nanograms per joule (ng/J), lb/MMBtu heat input) that would result from 
combustion of a fuel in an uncleaned state without emission control 
systems) and:
    (1) For particulate matter (PM) is:
    (i) 3,000 ng/J (7.0 lb/MMBtu) heat input for solid fuel; and
    (ii) 73 ng/J (0.17 lb/MMBtu) heat input for liquid fuels.
    (2) For sulfur dioxide (SO2) is determined under Sec. 
60.50Da(c).
    (3) For nitrogen oxides (NOX) is:
    (i) 290 ng/J (0.67 lb/MMBtu) heat input for gaseous fuels;
    (ii) 310 ng/J (0.72 lb/MMBtu) heat input for liquid fuels; and
    (iii) 990 ng/J (2.30 lb/MMBtu) heat input for solid fuels.
    Potential electrical output capacity means 33 percent of the maximum 
design heat input capacity of the steam generating unit, divided by 
3,413 Btu/KWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr 
(e.g., a steam generating unit with a 100 MW (340 MMBtu/hr) fossil-fuel 
heat input capacity would have a 289,080 MWh 12 month potential 
electrical output capacity). For electric utility combined cycle gas 
turbines the potential electrical output capacity is determined on the 
basis of the fossil-fuel firing capacity of the steam generator 
exclusive of the heat input and electrical power contribution by the gas 
turbine.
    Principal company means the electric utility company or companies 
which own the affected facility.
    Resource recovery unit means a facility that combusts more than 75 
percent non-fossil fuel on a quarterly (calendar) heat input basis.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Solid-derived fuel means any solid, liquid, or gaseous fuel derived 
from solid fuel for the purpose of creating useful heat and includes, 
but is not limited to, solvent refined coal, liquified coal, synthetic 
gas, gasified coal, gasified petroleum coke, gasified biomass, and 
gasified tire derived fuel.
    Spare flue gas desulfurization system module means a separate system 
of SO2 emission control equipment capable of treating an 
amount of flue gas equal to the total amount of flue gas generated by an 
affected facility when operated at maximum capacity divided by the total 
number of nonspare flue gas desulfurization modules in the system.
    Spinning reserve means the sum of the unutilized net generating 
capability of all units of the electric utility company that are 
synchronized to the power distribution system and that are capable of 
immediately accepting additional load. The electric generating 
capability of equipment under multiple ownership is prorated based on 
ownership unless the proportional entitlement to electric output is 
otherwise established by contractual arrangement.
    Steam generating unit means any furnace, boiler, or other device 
used for combusting fuel for the purpose of producing steam (including 
fossil-fuel-fired steam generators associated with combined cycle gas 
turbines; nuclear steam generators are not included).
    Subbituminous coal means coal that is classified as subbituminous A, 
B, or C

[[Page 131]]

according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec. 60.17).
    System emergency reserves means an amount of electric generating 
capacity equivalent to the rated capacity of the single largest electric 
generating unit in the electric utility company (including steam 
generating units, internal combustion engines, gas turbines, nuclear 
units, hydroelectric units, and all other electric generating equipment) 
which is interconnected with the affected facility that has the 
malfunctioning flue gas desulfurization system. The electric generating 
capability of equipment under multiple ownership is prorated based on 
ownership unless the proportional entitlement to electric output is 
otherwise established by contractual arrangement.
    System load means the entire electric demand of an electric utility 
company's service area interconnected with the affected facility that 
has the malfunctioning flue gas desulfurization system plus firm 
contractual sales to other electric utility companies. Sales to other 
electric utility companies (e.g., emergency power) not on a firm 
contractual basis may also be included in the system load when no 
available system capacity exists in the electric utility company to 
which the power is supplied for sale.
    Wet flue gas desulfurization technology or wet FGD means a 
SO2 control system that is located downstream of the steam 
generating unit and removes sulfur oxides from the combustion gases of 
the steam generating unit by contacting the combustion gases with an 
alkaline slurry or solution and forming a liquid material. This 
definition applies to devices where the aqueous liquid material product 
of this contact is subsequently converted to other forms. Alkaline 
reagents used in wet FGD technology include, but are not limited to, 
lime, limestone, and sodium.



Sec. 60.42Da  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility for which construction, reconstruction, or 
modification commenced before or on February 28, 2005, any gases that 
contain PM in excess of:
    (1) 13 ng/J (0.03 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel;
    (2) 1 percent of the potential combustion concentration (99 percent 
reduction) when combusting solid fuel; and
    (3) 30 percent of potential combustion concentration (70 percent 
reduction) when combusting liquid fuel.
    (b) On and after the date the initial PM performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility any gases which exhibit greater than 20 percent 
opacity (6-minute average), except for one 6-minute period per hour of 
not more than 27 percent opacity.
    (c) Except as provided in paragraph (d) of this section, on and 
after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after February 28, 2005 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of either:
    (1) 18 ng/J (0.14 lb/MWh) gross energy output; or
    (2) 6.4 ng/J (0.015 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel.
    (d) As an alternative to meeting the requirements of paragraph (c) 
of this section, the owner or operator of an affected facility for which 
construction, reconstruction, or modification commenced after February 
28, 2005, may elect to meet the requirements of this paragraph. On and 
after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility shall cause to be 
discharged into

[[Page 132]]

the atmosphere from that affected facility for which construction, 
reconstruction, or modification commenced after February 28, 2005, any 
gases that contain PM in excess of:
    (1) 13 ng/J (0.03 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel, and
    (2) 0.1 percent of the combustion concentration determined according 
to the procedure in Sec. 60.48Da(o)(5) (99.9 percent reduction) for an 
affected facility for which construction or reconstruction commenced 
after February 28, 2005 when combusting solid, liquid, or gaseous fuel, 
or
    (3) 0.2 percent of the combustion concentration determined according 
to the procedure in Sec. 60.48Da(o)(5) (99.8 percent reduction) for an 
affected facility for which modification commenced after February 28, 
2005 when combusting solid, liquid, or gaseous fuel.



Sec. 60.43Da  Standard for sulfur dioxide (SO2).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid fuel or solid-derived fuel and 
for which construction, reconstruction, or modification commenced before 
or on February 28, 2005, except as provided under paragraphs (c), (d), 
(f) or (h) of this section, any gases that contain SO2 in 
excess of:
    (1) 520 ng/J (1.20 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction); or
    (2) 30 percent of the potential combustion concentration (70 percent 
reduction), when emissions are less than 260 ng/J (0.60 lb/MMBtu) heat 
input.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts liquid or gaseous fuels (except for 
liquid or gaseous fuels derived from solid fuels and as provided under 
paragraphs (e) or (h) of this section) and for which construction, 
reconstruction, or modification commenced before or on February 28, 
2005, any gases that contain SO2 in excess of:
    (1) 340 ng/J (0.80 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction); or
    (2) 100 percent of the potential combustion concentration (zero 
percent reduction) when emissions are less than 86 ng/J (0.20 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid solvent refined coal (SRC-I) any 
gases that contain SO2 in excess of 520 ng/J (1.20 lb/MMBtu) 
heat input and 15 percent of the potential combustion concentration (85 
percent reduction) except as provided under paragraph (f) of this 
section; compliance with the emission limitation is determined on a 30-
day rolling average basis and compliance with the percent reduction 
requirement is determined on a 24-hour basis.
    (d) Sulfur dioxide emissions are limited to 520 ng/J (1.20 lb/MMBtu) 
heat input from any affected facility which:
    (1) Combusts 100 percent anthracite;
    (2) Is classified as a resource recovery unit; or
    (3) Is located in a noncontinental area and combusts solid fuel or 
solid-derived fuel.
    (e) Sulfur dioxide emissions are limited to 340 ng/J (0.80 lb/MMBtu) 
heat input from any affected facility which is located in a 
noncontinental area and combusts liquid or gaseous fuels (excluding 
solid-derived fuels).
    (f) The emission reduction requirements under this section do not 
apply to any affected facility that is operated under an SO2 
commercial demonstration permit issued by the Administrator in 
accordance with the provisions of Sec. 60.47Da.
    (g) Compliance with the emission limitation and percent reduction 
requirements under this section are both

[[Page 133]]

determined on a 30-day rolling average basis except as provided under 
paragraph (c) of this section.
    (h) When different fuels are combusted simultaneously, the 
applicable standard is determined by proration using the following 
formula:
    (1) If emissions of SO2 to the atmosphere are greater 
than 260 ng/J (0.60 lb/MMBtu) heat input
[GRAPHIC] [TIFF OMITTED] TR13JN07.008

    (2) If emissions of SO2 to the atmosphere are equal to or 
less than 260 ng/J (0.60 lb/MMBtu) heat input:
[GRAPHIC] [TIFF OMITTED] TR13JN07.009

Where:

Es = Prorated SO2 emission limit (ng/J heat 
          input);
%Ps = Percentage of potential SO2 emission 
          allowed;
x = Percentage of total heat input derived from the combustion of liquid 
          or gaseous fuels (excluding solid-derived fuels); and
y = Percentage of total heat input derived from the combustion of solid 
          fuel (including solid-derived fuels).

    (i) Except as provided in paragraphs (j) and (k) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification commenced after February 
28, 2005 shall cause to be discharged into the atmosphere from that 
affected facility, any gases that contain SO2 in excess of 
the applicable emission limitation specified in paragraphs (i)(1) 
through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 5 percent of the potential combustion concentration (95 percent 
reduction) on a 30-day rolling average basis.
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, any gases that contain SO2 in excess 
of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 5 percent of the potential combustion concentration (95 
percent reduction) on a 30-day rolling average basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction) on a 30-day rolling average basis.
    (j) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification commenced after February 
28, 2005, and that burns 75 percent or more (by heat input) coal refuse 
on a 12-month rolling average basis, shall caused to be discharged into 
the atmosphere from that affected facility any gases that contain 
SO2 in excess of the applicable emission limitation specified 
in paragraphs (j)(1) through (3) of this section.

[[Page 134]]

    (1) For an affected facility for which construction commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 6 percent of the potential combustion concentration (94 percent 
reduction) on a 30-day rolling average basis.
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, any gases that contain SO2 in excess 
of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 6 percent of the potential combustion concentration (94 
percent reduction) on a 30-day rolling average basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction) on a 30-day rolling average basis.
    (k) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility located in a 
noncontinental area that commenced construction, reconstruction, or 
modification commenced after February 28, 2005, shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the applicable emission 
limitation specified in paragraphs (k)(1) and (2) of this section.
    (1) For an affected facility that burns solid or solid-derived fuel, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 520 ng/J 
(1.2 lb/MMBtu) heat input on a 30-day rolling average basis.
    (2) For an affected facility that burns other than solid or solid-
derived fuel, the owner or operator shall not cause to be discharged 
into the atmosphere any gases that contain SO2 in excess of 
if the affected facility or 230 ng/J (0.54 lb/MMBtu) heat input on a 30-
day rolling average basis.



Sec. 60.44Da  Standard for nitrogen oxides (NOX).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility, except as provided under paragraphs (b), (d), (e), 
and (f) of this section, any gases that contain NOX 
(expressed as NO2) in excess of the following emission 
limits, based on a 30-day rolling average basis, except as provided 
under Sec. 60.48Da(j)(1):
    (1) NOX emission limits.

------------------------------------------------------------------------
                                                     Emission limit for
                                                         heat input
                     Fuel type                     ---------------------
                                                       ng/J     lb/MMBtu
------------------------------------------------------------------------
Gaseous fuels:
    Coal-derived fuels............................        210       0.50
    All other fuels...............................         86       0.20
Liquid fuels:
    Coal-derived fuels............................        210       0.50
    Shale oil.....................................        210       0.50
    All other fuels...............................        130       0.30
Solid fuels:
    Coal-derived fuels............................        210       0.50
    Any fuel containing more than 25%, by weight,       \(1)\      \(1)\
     coal refuse..................................
    Any fuel containing more than 25%, by weight,         340       0.80
     lignite if the lignite is mined in North
     Dakota, South Dakota, or Montana, and is
     combusted in a slag tap furnace \2\..........
    Any fuel containing more than 25%, by weight,         260       0.60
     lignite not subject to the 340 ng/J heat
     input emission limit \2\.....................
    Subbituminous coal............................        210       0.50
    Bituminous coal...............................        260       0.60
    Anthracite coal...............................        260       0.60
    All other fuels...............................        260       0.60
------------------------------------------------------------------------
\1\ Exempt from NOX standards and NOX monitoring requirements.
\2\ Any fuel containing less than 25%, by weight, lignite is not
  prorated but its percentage is added to the percentage of the
  predominant fuel.

    (2) NOX reduction requirement.

[[Page 135]]



------------------------------------------------------------------------
                                                             Percent
                                                          reduction of
                       Fuel type                            potential
                                                           combustion
                                                          concentration
------------------------------------------------------------------------
Gaseous fuels.........................................                25
Liquid fuels..........................................                30
Solid fuels...........................................                65
------------------------------------------------------------------------

    (b) The emission limitations under paragraph (a) of this section do 
not apply to any affected facility which is combusting coal-derived 
liquid fuel and is operating under a commercial demonstration permit 
issued by the Administrator in accordance with the provisions of Sec. 
60.47Da.
    (c) Except as provided under paragraphs (d), (e), and (f) of this 
section, when two or more fuels are combusted simultaneously, the 
applicable standard is determined by proration using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.010

Where:

En = Applicable standard for NOX when multiple 
          fuels are combusted simultaneously (ng/J heat input);
w = Percentage of total heat input derived from the combustion of fuels 
          subject to the 86 ng/J heat input standard;
x = Percentage of total heat input derived from the combustion of fuels 
          subject to the 130 ng/J heat input standard;
y = Percentage of total heat input derived from the combustion of fuels 
          subject to the 210 ng/J heat input standard;
z = Percentage of total heat input derived from the combustion of fuels 
          subject to the 260 ng/J heat input standard; and
v = Percentage of total heat input delivered from the combustion of 
          fuels subject to the 340 ng/J heat input standard.

    (d)(1) On and after the date on which the initial performance test 
is completed or required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commenced construction after July 9, 1997, but before or on February 28, 
2005 shall cause to be discharged into the atmosphere any gases that 
contain NOX (expressed as NO2) in excess of 200 
ng/J (1.6 lb/MWh) gross energy output, based on a 30-day rolling average 
basis, except as provided under Sec. 60.48Da(k).
    (2) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of affected facility for which 
reconstruction commenced after July 9, 1997, but before or on February 
28, 2005 shall cause to be discharged into the atmosphere any gases that 
contain NOX (expressed as NO2) in excess of 65 ng/
J (0.15 lb/MMBtu) heat input, based on a 30-day rolling average basis.
    (e) Except for an IGCC electric utility steam generating unit 
meeting the requirements of paragraph (f) of this section, on and after 
the date on which the initial performance test is completed or required 
to be completed under Sec. 60.8, whichever date comes first, no owner 
or operator of an affected facility that commenced construction, 
reconstruction, or modification after February 28, 2005 shall cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain NOX (expressed as NO2) in excess of 
the applicable emission limitation specified in paragraphs (e)(1) 
through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of 130 ng/J (1.0 lb/MWh) gross 
energy output on a 30-day rolling average basis, except as provided 
under Sec. 60.48Da(k).
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 47 ng/J (0.11 lb/MMBtu) heat input on a 30-day rolling average 
basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or

[[Page 136]]

    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis.
    (f) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an IGCC electric utility steam 
generating unit subject to the provisions of this subpart and for which 
construction, reconstruction, or modification commenced after February 
28, 2005, shall meet the requirements specified in paragraphs (f)(1) 
through (3) of this section.
    (1) Except as provided for in paragraphs (f)(2) and (3) of this 
section, the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NO X (expressed as 
NO2) in excess of 130 ng/J (1.0 lb/MWh) gross energy output 
on a 30-day rolling average basis.
    (2) When burning liquid fuel exclusively or in combination with 
solid-derived fuel such that the liquid fuel contributes 50 percent or 
more of the total heat input to the combined cycle combustion turbine, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 190 ng/J (1.5 lb/MWh) gross energy output 
on a 30-day rolling average basis.
    (3) In cases when during a 30-day rolling average compliance period 
liquid fuel is burned in such a manner to meet the conditions in 
paragraph (f)(2) of this section for only a portion of the clock hours 
in the 30-day period, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of the computed weighted-average 
emissions limit based on the proportion of gross energy output (in MWh) 
generated during the compliance period for each of emissions limits in 
paragraphs (f)(1) and (2) of this section.



Sec. 60.45Da  Standard for mercury (Hg).

    (a) For each coal-fired electric utility steam generating unit other 
than an IGCC electric utility steam generating unit, on and after the 
date on which the initial performance test is completed or required to 
be completed under Sec. 60.8, whichever date comes first, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility for which 
construction, modification, or reconstruction commenced after January 
30, 2004, any gases that contain mercury (Hg) emissions in excess of 
each Hg emissions limit in paragraphs (a)(1) through (5) of this section 
that applies to you. The Hg emissions limits in paragraphs (a)(1) 
through (5) of this section are based on a 12-month rolling average 
basis using the procedures in Sec. 60.50Da(h).
    (1) For each coal-fired electric utility steam generating unit that 
burns only bituminous coal, you must not discharge into the atmosphere 
any gases from a new affected source that contain Hg in excess of 20 x 
10-\6\ pound per megawatt hour (lb/MWh) or 0.020 lb/gigawatt-
hour (GWh) on an output basis. The International System of Units (SI) 
equivalent is 0.0025 ng/J.
    (2) For each coal-fired electric utility steam generating unit that 
burns only subbituminous coal:
    (i) If your unit is located in a county-level geographical area 
receiving greater than 25 inches per year (in/yr) mean annual 
precipitation, based on the most recent publicly available U.S. 
Department of Agriculture 30-year data, you must not discharge into the 
atmosphere any gases from a new affected source that contain Hg in 
excess of 66 x 10-\6\ lb/MWh or 0.066 lb/GWh on an output 
basis. The SI equivalent is 0.0083 ng/J.
    (ii) If your unit is located in a county-level geographical area 
receiving less than or equal to 25 in/yr mean annual precipitation, 
based on the most recent publicly available U.S. Department of 
Agriculture 30-year data, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of 97 x 
10-\6\ lb/MWh or 0.097 lb/GWh on an output basis. The SI 
equivalent is 0.0122 ng/J.
    (3) For each coal-fired electric utility steam generating unit that 
burns only lignite, you must not discharge into the atmosphere any gases 
from a new affected source that contain Hg in excess of 175 x 
10-\6\ lb/MWh or 0.175 lb/GWh on an output basis. The SI 
equivalent is 0.0221 ng/J.

[[Page 137]]

    (4) For each coal-burning electric utility steam generating unit 
that burns only coal refuse, you must not discharge into the atmosphere 
any gases from a new affected source that contain Hg in excess of 16 x 
10-\6\ lb/MWh or 0.016 lb/GWh on an output basis. The SI 
equivalent is 0.0020 ng/J.
    (5) For each coal-fired electric utility steam generating unit that 
burns a blend of coals from different coal ranks (i.e., bituminous coal, 
subbituminous coal, lignite) or a blend of coal and coal refuse, you 
must not discharge into the atmosphere any gases from a new affected 
source that contain Hg in excess of the unit-specific Hg emissions limit 
established according to paragraph (a)(5)(i) or (ii) of this section, as 
applicable to the affected unit.
    (i) If you operate a coal-fired electric utility steam generating 
unit that burns a blend of coals from different coal ranks or a blend of 
coal and coal refuse, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of the 
computed weighted Hg emissions limit based on the Btu, MWh, or MJ) 
contributed by each coal rank burned during the compliance period and 
its applicable Hg emissions limit in paragraphs (a)(1) through (4) of 
this section as determined using Equation 1 in this section. For each 
affected source, you must comply with the weighted Hg emissions limit 
calculated using Equation 1 in this section based on the total Hg 
emissions from the unit and the total Btu, MWh, or MJ contributed by all 
fuels burned during the compliance period.
[GRAPHIC] [TIFF OMITTED] TR13JN07.011

Where:

ELb = Total allowable Hg in lb/MWh that can be emitted to the 
          atmosphere from any affected source being averaged according 
          to this paragraph.
ELi = Hg emissions limit for the subcategory i (coal rank) 
          that applies to affected source, lb/MWh;
HHi = For each affected source, the Btu, MWh, or MJ 
          contributed by the corresponding subcategory i (coal rank) 
          burned during the compliance period; and
n = Number of subcategories (coal ranks) being averaged for an affected 
          source.

    (ii) If you operate a coal-fired electric utility steam generating 
unit that burns a blend of coals from different coal ranks or a blend of 
coal and coal refuse together with one or more non-regulated, 
supplementary fuels, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of the 
computed weighted Hg emission limit based on the Btu, MWh, or MJ 
contributed by each coal rank burned during the compliance period and 
its applicable Hg emissions limit in paragraphs (a)(1) through (4) of 
this section as determined using Equation 1 in this section. For each 
affected source. You must comply with the weighted Hg emissions limit 
calculated using Equation 1 in this section based on the total Hg 
emissions from the unit contributed by both regulated and nonregulated 
fuels burned during the compliance period and the total Btu, MWh, or MJ 
contributed by both regulated and nonregulated fuels burned during the 
compliance period.
    (b) For each IGCC electric utility steam generating unit, on and 
after the date on which the initial performance test required to be 
conducted under Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility for which construction, 
modification, or reconstruction commenced after January 30, 2004, any 
gases that contain Hg emissions in excess of 20 x 10-\6\ lb/
MWh or 0.020 lb/GWh on an output basis. The SI equivalent is 0.0025 ng/
J. This Hg emissions limit is based on a 12-month rolling average basis 
using the procedures in Sec. 60.50Da(h).



Sec. 60.46Da  [Reserved]



Sec. 60.47Da  Commercial demonstration permit.

    (a) An owner or operator of an affected facility proposing to 
demonstrate an emerging technology may apply to the Administrator for a 
commercial demonstration permit. The Administrator will issue a 
commercial

[[Page 138]]

demonstration permit in accordance with paragraph (e) of this section. 
Commercial demonstration permits may be issued only by the 
Administrator, and this authority will not be delegated.
    (b) An owner or operator of an affected facility that combusts solid 
solvent refined coal (SRC-I) and who is issued a commercial 
demonstration permit by the Administrator is not subject to the 
SO2 emission reduction requirements under Sec. 60.43Da(c) 
but must, as a minimum, reduce SO2 emissions to 20 percent of 
the potential combustion concentration (80 percent reduction) for each 
24-hour period of steam generator operation and to less than 520 ng/J 
(1.20 lb/MMBtu) heat input on a 30-day rolling average basis.
    (c) An owner or operator of a fluidized bed combustion electric 
utility steam generator (atmospheric or pressurized) who is issued a 
commercial demonstration permit by the Administrator is not subject to 
the SO2 emission reduction requirements under Sec. 
60.43Da(a) but must, as a minimum, reduce SO2 emissions to 15 
percent of the potential combustion concentration (85 percent reduction) 
on a 30-day rolling average basis and to less than 520 ng/J (1.20 lb/
MMBtu) heat input on a 30-day rolling average basis.
    (d) The owner or operator of an affected facility that combusts 
coal-derived liquid fuel and who is issued a commercial demonstration 
permit by the Administrator is not subject to the applicable 
NOX emission limitation and percent reduction under Sec. 
60.44Da(a) but must, as a minimum, reduce emissions to less than 300 ng/
J (0.70 lb/MMBtu) heat input on a 30-day rolling average basis.
    (e) Commercial demonstration permits may not exceed the following 
equivalent MW electrical generation capacity for any one technology 
category, and the total equivalent MW electrical generation capacity for 
all commercial demonstration plants may not exceed 15,000 MW.

------------------------------------------------------------------------
                                                           Equivalent
                                                           electrical
                Technology                  Pollutant     capacity  (MW
                                                           electrical
                                                             output)
------------------------------------------------------------------------
Solid solvent refined coal (SCR I).......          SO2      6,000-10,000
Fluidized bed combustion (atmospheric)...          SO2         400-3,000
Fluidized bed combustion (pressurized)...          SO2         400-1,200
Coal liquification.......................          NOX        750-10,000
                                          ------------------------------
    Total allowable for all technologies.  ...........            15,000
------------------------------------------------------------------------



Sec. 60.48Da  Compliance provisions.

    (a) Compliance with the PM emission limitation under Sec. 
60.42Da(a)(1) constitutes compliance with the percent reduction 
requirements for PM under Sec. 60.42Da(a)(2) and (3).
    (b) Compliance with the NOX emission limitation under 
Sec. 60.44Da(a)(1) constitutes compliance with the percent reduction 
requirements under Sec. 60.44Da(a)(2).
    (c) The PM emission standards under Sec. 60.42Da, the 
NOX emission standards under Sec. 60.44Da, and the Hg 
emission standards under Sec. 60.45Da apply at all times except during 
periods of startup, shutdown, or malfunction.
    (d) During emergency conditions in the principal company, an 
affected facility with a malfunctioning flue gas desulfurization system 
may be operated if SO2 emissions are minimized by:
    (1) Operating all operable flue gas desulfurization system modules, 
and bringing back into operation any malfunctioned module as soon as 
repairs are completed,
    (2) Bypassing flue gases around only those flue gas desulfurization 
system modules that have been taken out of operation because they were 
incapable of any SO2 emission reduction or which would have 
suffered significant physical damage if they had remained in operation, 
and
    (3) Designing, constructing, and operating a spare flue gas 
desulfurization system module for an affected facility larger than 365 
MW (1,250 MMBtu/hr)

[[Page 139]]

heat input (approximately 125 MW electrical output capacity). The 
Administrator may at his discretion require the owner or operator within 
60 days of notification to demonstrate spare module capability. To 
demonstrate this capability, the owner or operator must demonstrate 
compliance with the appropriate requirements under paragraph under Sec. 
60.43Da(a), (b), (d), (e), and (h) for any period of operation lasting 
from 24 hours to 30 days when:
    (i) Any one flue gas desulfurization module is not operated,
    (ii) The affected facility is operating at the maximum heat input 
rate,
    (iii) The fuel fired during the 24-hour to 30-day period is 
representative of the type and average sulfur content of fuel used over 
a typical 30-day period, and
    (iv) The owner or operator has given the Administrator at least 30 
days notice of the date and period of time over which the demonstration 
will be performed.
    (e) After the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limitations and percentage 
reduction requirements under Sec. 60.43Da and the NOX 
emission limitations under Sec. 60.44Da is based on the average 
emission rate for 30 successive boiler operating days. A separate 
performance test is completed at the end of each boiler operating day 
after the initial performance test, and a new 30 day average emission 
rate for both SO2 and NOX and a new percent 
reduction for SO2 are calculated to show compliance with the 
standards.
    (f) For the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limitations and percent 
reduction requirements under Sec. 60.43Da and the NOX 
emission limitation under Sec. 60.44Da is based on the average emission 
rates for SO2, NOX, and percent reduction for 
SO2 for the first 30 successive boiler operating days. The 
initial performance test is the only test in which at least 30 days 
prior notice is required unless otherwise specified by the 
Administrator. The initial performance test is to be scheduled so that 
the first boiler operating day of the 30 successive boiler operating 
days is completed within 60 days after achieving the maximum production 
rate at which the affected facility will be operated, but not later than 
180 days after initial startup of the facility.
    (g) The owner or operator of an affected facility subject to 
emission limitations in this subpart shall determine compliance as 
follows:
    (1) Compliance with applicable 30-day rolling average SO2 
and NOX emission limitations is determined by calculating the 
arithmetic average of all hourly emission rates for SO2 and 
NOX for the 30 successive boiler operating days, except for 
data obtained during startup, shutdown, malfunction (NOX 
only), or emergency conditions (SO2 only).
    (2) Compliance with applicable SO2 percentage reduction 
requirements is determined based on the average inlet and outlet 
SO2 emission rates for the 30 successive boiler operating 
days.
    (3) Compliance with applicable daily average PM emission limitations 
is determined by calculating the arithmetic average of all hourly 
emission rates for PM each boiler operating day, except for data 
obtained during startup, shutdown, and malfunction. Averages are only 
calculated for boiler operating days that have valid data for at least 
18 hours of unit operation during which the standard applies. Instead, 
the valid hourly emission rates are averaged with the next boiler 
operating day with 18 hours or more of valid PM CEMS data to determine 
compliance.
    (h) If an owner or operator has not obtained the minimum quantity of 
emission data as required under Sec. 60.49Da of this subpart, 
compliance of the affected facility with the emission requirements under 
Sec. Sec. 60.43Da and 60.44Da of this subpart for the day on which the 
30-day period ends may be determined by the Administrator by following 
the applicable procedures in section 7 of Method 19 of appendix A of 
this part.
    (i) Compliance provisions for sources subject to Sec. 
60.44Da(d)(1), (e)(1), (e)(2)(i), (e)(3)(i), or (f). The owner or 
operator of an affected facility subject to Sec. 60.44Da(d)(1), (e)(1), 
(e)(2)(i), (e)(3)(i), or (f) shall calculate NOX emissions as 
1.194 x 10-\7\ lb/scf-ppm times the average hourly 
NOX output concentration in ppm (measured according to the 
provisions of Sec. 60.49Da(c)), times the average hourly flow rate 
(measured in scfh,

[[Page 140]]

according to the provisions of Sec. 60.49Da(l) or Sec. 60.49Da(m)), 
divided by the average hourly gross energy output (measured according to 
the provisions of Sec. 60.49Da(k)). Alternatively, for oil-fired and 
gas-fired units, NOX emissions may be calculated by 
multiplying the hourly NOX emission rate in lb/MMBtu 
(measured by the CEMS required under Sec. Sec. 60.49Da(c) and (d)), by 
the hourly heat input rate (measured according to the provisions of 
Sec. 60.49Da(n)), and dividing the result by the average gross energy 
output (measured according to the provisions of Sec. 60.49Da(k)).
    (j) Compliance provisions for duct burners subject to Sec. 
60.44Da(a)(1). To determine compliance with the emissions limits for 
NOX required by Sec. 60.44Da(a) for duct burners used in 
combined cycle systems, either of the procedures described in paragraph 
(j)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected duct burner shall conduct 
the performance test required under Sec. 60.8 using the appropriate 
methods in appendix A of this part. Compliance with the emissions limits 
under Sec. 60.44Da(a)(1) is determined on the average of three (nominal 
1-hour) runs for the initial and subsequent performance tests. During 
the performance test, one sampling site shall be located in the exhaust 
of the turbine prior to the duct burner. A second sampling site shall be 
located at the outlet from the heat recovery steam generating unit. 
Measurements shall be taken at both sampling sites during the 
performance test; or
    (2) The owner or operator of an affected duct burner may elect to 
determine compliance by using the continuous emission monitoring system 
(CEMS) specified under Sec. 60.49Da for measuring NOX and 
oxygen (O2) (or carbon dioxide (CO2)) and meet the 
requirements of Sec. 60.49Da. Alternatively, data from a NOX 
emission rate (i.e., NOX-diluent) CEMS certified according to 
the provisions of Sec. 75.20(c) of this chapter and appendix A to part 
75 of this chapter, and meeting the quality assurance requirements of 
Sec. 75.21 of this chapter and appendix B to part 75 of this chapter, 
may be used, with the following caveats. Data used to meet the 
requirements of Sec. 60.51Da shall not include substitute data values 
derived from the missing data procedures in subpart D of part 75 of this 
chapter, nor shall the data have been bias adjusted according to the 
procedures of part 75 of this chapter. The sampling site shall be 
located at the outlet from the steam generating unit. The NOX 
emission rate at the outlet from the steam generating unit shall 
constitute the NOX emission rate from the duct burner of the 
combined cycle system.
    (k) Compliance provisions for duct burners subject to Sec. 
60.44Da(d)(1) or (e)(1). To determine compliance with the emission 
limitation for NOX required by Sec. 60.44Da(d)(1) or (e)(1) 
for duct burners used in combined cycle systems, either of the 
procedures described in paragraphs (k)(1) and (2) of this section may be 
used:
    (1) The owner or operator of an affected duct burner used in 
combined cycle systems shall determine compliance with the applicable 
NOX emission limitation in Sec. 60.44Da(d)(1) or (e)(1) as 
follows:
    (i) The emission rate (E) of NOX shall be computed using 
Equation 2 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.012

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross output;
Csg = Average hourly concentration of NOX exiting 
          the steam generating unit, ng/dscm (lb/dscf);
Cte = Average hourly concentration of NOX in the 
          turbine exhaust upstream from duct burner, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
          steam generating unit, dscm/hr (dscf/hr);
Qte = Average hourly volumetric flow rate of exhaust gas from 
          combustion turbine, dscm/hr (dscf/hr);
Osg = Average hourly gross energy output from steam 
          generating unit, J (MWh); and
h = Average hourly fraction of the total heat input to the steam 
          generating unit derived from the combustion of fuel in the 
          affected duct burner.

    (ii) Method 7E of appendix A of this part shall be used to determine 
the NOX concentrations (Csg and Cte). 
Method 2, 2F or 2G of appendix A of this

[[Page 141]]

part, as appropriate, shall be used to determine the volumetric flow 
rates (Qsg and Qte) of the exhaust gases. The 
volumetric flow rate measurements shall be taken at the same time as the 
concentration measurements.
    (iii) The owner or operator shall develop, demonstrate, and provide 
information satisfactory to the Administrator to determine the average 
hourly gross energy output from the steam generating unit, and the 
average hourly percentage of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected duct 
burner.
    (iv) Compliance with the applicable NOX emission 
limitation in Sec. 60.44Da(d)(1) or (e)(1) is determined by the three-
run average (nominal 1-hour runs) for the initial and subsequent 
performance tests.
    (2) The owner or operator of an affected duct burner used in a 
combined cycle system may elect to determine compliance with the 
applicable NOX emission limitation in Sec. 60.44Da(d)(1) or 
(e)(1) on a 30-day rolling average basis as indicated in paragraphs 
(k)(2)(i) through (iv) of this section.
    (i) The emission rate (E) of NOX shall be computed using 
Equation 3 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.013

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross output;
Csg = Average hourly concentration of NOX exiting 
          the steam generating unit, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
          steam generating unit, dscm/hr (dscf/hr); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J (MWh).
    (ii) The CEMS specified under Sec. 60.49Da for measuring 
NOX and O2 (or CO2) shall be used to 
determine the average hourly NOX concentrations 
(Csg). The continuous flow monitoring system specified in 
Sec. 60.49Da(l) or Sec. 60.49Da(m) shall be used to determine the 
volumetric flow rate (Qsg) of the exhaust gas. If the option 
to use the flow monitoring system in Sec. 60.49Da(m) is selected, the 
flow rate data used to meet the requirements of Sec. 60.51Da shall not 
include substitute data values derived from the missing data procedures 
in subpart D of part 75 of this chapter, nor shall the data have been 
bias adjusted according to the procedures of part 75 of this chapter. 
The sampling site shall be located at the outlet from the steam 
generating unit.
    (iii) The continuous monitoring system specified under Sec. 
60.49Da(k) for measuring and determining gross energy output shall be 
used to determine the average hourly gross energy output from the entire 
combined cycle unit (Occ), which is the combined output from 
the combustion turbine and the steam generating unit.
    (iv) The owner or operator may, in lieu of installing, operating, 
and recording data from the continuous flow monitoring system specified 
in Sec. 60.49Da(l), determine the mass rate (lb/hr) of NOX 
emissions by installing, operating, and maintaining continuous fuel 
flowmeters following the appropriate measurements procedures specified 
in appendix D of part 75 of this chapter. If this compliance option is 
selected, the emission rate (E) of NOX shall be computed 
using Equation 4 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.014

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross output;
ERsg = Average hourly emission rate of NOX exiting 
          the steam generating unit heat input calculated using 
          appropriate F factor as described in Method 19 of appendix A 
          of this part, ng/J (lb/MMBtu);
Hcc = Average hourly heat input rate of entire combined cycle 
          unit, J/hr (MMBtu/hr); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J (MWh).

    (3) When an affected duct burner steam generating unit utilizes a 
common steam turbine with one or more affected duct burner steam 
generating units, the owner or operator shall either:
    (i) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined

[[Page 142]]

with the emissions from the other unit(s) utilizing the common steam 
turbine; or
    (ii) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the steam turbine for each of the affected duct burners. The 
Administrator may approve such demonstrated substitute methods for 
apportioning the combined gross energy output measured at the steam 
turbine whenever the demonstration ensures accurate estimation of 
emissions regulated under this part.
    (l) Compliance provisions for sources subject to Sec. 60.45Da. The 
owner or operator of an affected facility subject to Sec. 60.45Da (new 
sources constructed or reconstructed after January 30, 2004) shall 
calculate the Hg emission rate (lb/MWh) for each calendar month of the 
year, using hourly Hg concentrations measured according to the 
provisions of Sec. 60.49Da(p) in conjunction with hourly stack gas 
volumetric flow rates measured according to the provisions of Sec. 
60.49Da(l) or (m), and hourly gross electrical outputs, determined 
according to the provisions in Sec. 60.49Da(k). Compliance with the 
applicable standard under Sec. 60.45Da is determined on a 12-month 
rolling average basis.
    (m) Compliance provisions for sources subject to Sec. 
60.43Da(i)(1)(i), (i)(2)(i), (i)(3)(i), (j)(1)(i), (j)(2)(i), or 
(j)(3)(i). The owner or operator of an affected facility subject to 
Sec. 60.43Da(i)(1)(i), (i)(2)(i), (i)(3)(i), (j)(1)(i), (j)(2)(i), or 
(j)(3)(i) shall calculate SO2 emissions as 1.660 x 
10-7 lb/scf-ppm times the average hourly SO2 
output concentration in ppm (measured according to the provisions of 
Sec. 60.49Da(b)), times the average hourly flow rate (measured 
according to the provisions of Sec. 60.49Da(l) or Sec. 60.49Da(m)), 
divided by the average hourly gross energy output (measured according to 
the provisions of Sec. 60.49Da(k)). Alternatively, for oil-fired and 
gas-fired units, SO2 emissions may be calculated by 
multiplying the hourly SO2 emission rate (in lb/MMBtu), 
measured by the CEMS required under Sec. 60.49Da, by the hourly heat 
input rate (measured according to the provisions of Sec. 60.49Da(n)), 
and dividing the result by the average gross energy output (measured 
according to the provisions of Sec. 60.49Da(k)).
    (n) Compliance provisions for sources subject to Sec. 
60.42Da(c)(1). The owner or operator of an affected facility subject to 
Sec. 60.42Da(c)(1) shall calculate PM emissions by multiplying the 
average hourly PM output concentration, measured according to the 
provisions of Sec. 60.49Da(t), by the average hourly flow rate, 
measured according to the provisions of Sec. 60.49Da(l), and divided by 
the average hourly gross energy output, measured according to the 
provisions of Sec. 60.49Da(k). Compliance with the emission limit is 
determined by calculating the arithmetic average of the hourly emission 
rates computed for each boiler operating day.
    (o) Compliance provisions for sources subject to Sec. 60.42Da(c)(2) 
or (d). Except as provided for in paragraph (p) of this section, the 
owner or operator of an affected facility for which construction, 
reconstruction, or modification commenced after February 28, 2005, shall 
demonstrate compliance with each applicable emission limit according to 
the requirements in paragraphs (o)(1) through (o)(5) of this section and 
use a COMS to demonstrate compliance with Sec. 60.42Da(b).
    (1) You must conduct a performance test to demonstrate initial 
compliance with the applicable PM emissions limit in 60.42Da(c)(2) or 
(d) by the applicable date specified in Sec. 60.8(a). Thereafter, you 
must conduct each subsequent performance test within 12 calendar months 
of the date of the prior performance test. You must conduct each 
performance test according to the requirements in Sec. 60.8 using the 
test methods and procedures in Sec. 60.50Da.
    (2) You must monitor the performance of each electrostatic 
precipitator or fabric filter (baghouse) operated to comply with the 
applicable PM emissions limit in Sec. 60.42Da(c)(2) or (d) using a 
continuous opacity monitoring system (COMS) according to the 
requirements in paragraphs (o)(2)(i) through (vi) unless you elect to 
comply with one of the alternatives provided in paragraphs (o)(3) and 
(o)(4) of this section, as applicable to your control device.

[[Page 143]]

    (i) Each COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (ii) You must comply with the quality assurance requirements in 
paragraphs (o)(4)(ii)(A) through (E) of this section.
    (A) You must automatically (intrinsic to the opacity monitor) check 
the zero and upscale (span) calibration drifts at least once daily. For 
a particular COMS, the acceptable range of zero and upscale calibration 
materials is as defined in the applicable version of Performance 
Specification 1 in 40 CFR part 60, appendix B.
    (B) You must adjust the zero and span whenever the 24-hour zero 
drift or 24-hour span drift exceeds 4 percent opacity. The COMS must 
allow for the amount of excess zero and span drift measured at the 24-
hour interval checks to be recorded and quantified. The optical surfaces 
exposed to the effluent gases must be cleaned prior to performing the 
zero and span drift adjustments, except for systems using automatic zero 
adjustments. For systems using automatic zero adjustments, the optical 
surfaces must be cleaned when the cumulative automatic zero compensation 
exceeds 4 percent opacity.
    (C) You must apply a method for producing a simulated zero opacity 
condition and an upscale (span) opacity condition using a certified 
neutral density filter or other related technique to produce a known 
obscuration of the light beam. All procedures applied must provide a 
system check of the analyzer internal optical surfaces and all 
electronic circuitry including the lamp and photodetector assembly.
    (D) Except during periods of system breakdowns, repairs, calibration 
checks, and zero and span adjustments, the COMS must be in continuous 
operation and must complete a minimum of one cycle of sampling and 
analyzing for each successive 10 second period and one cycle of data 
recording for each successive 6-minute period.
    (E) You must reduce all data from the COMS to 6-minute averages. 
Six-minute opacity averages must be calculated from 36 or more data 
points equally spaced over each 6-minute period. Data recorded during 
periods of system breakdowns, repairs, calibration checks, and zero and 
span adjustments must not be included in the data averages. An 
arithmetic or integrated average of all data may be used.
    (iii) During each performance test conducted according to paragraph 
(o)(1) of this section, you must establish an opacity baseline level. 
The value of the opacity baseline level is determined by averaging all 
of the 6-minute average opacity values (reported to the nearest 0.1 
percent opacity) from the COMS measurements recorded during each of the 
test run intervals conducted for the performance test, and then adding 
2.5 percent opacity to your calculated average opacity value for all of 
the test runs. If your calculated average opacity value for all of the 
test runs is less than 5.0 percent, then the opacity baseline level is 
set at 5.0 percent.
    (iv) You must evaluate the preceding 24-hour average opacity level 
measured by the COMS each boiler operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the measured 24-
hour average opacity emission level is greater than the baseline opacity 
level determined in paragraph (o)(2)(iii) of this section, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high opacity incident and 
take the appropriate corrective action as soon as practicable to adjust 
control settings or repair equipment to reduce the measured 24-hour 
average opacity to a level below the baseline opacity level.
    (v) You must record the opacity measurements, calculations 
performed, and any corrective actions taken. The record of corrective 
action taken must include the date and time during which the measured 
24-hour average opacity was greater than baseline opacity level, and the 
date, time, and description of the corrective action.
    (vi) If the measured 24-hour average opacity for your affected 
source remains at a level greater than the opacity baseline level after 
7 days, then you must conduct a new PM performance test according to 
paragraph (o)(1) of this section and establish a new opacity baseline 
value according to paragraph (o)(2) of this section. This new

[[Page 144]]

performance test must be conducted within 60 days of the date that the 
measured 24-hour average opacity was first determined to exceed the 
baseline opacity level unless a wavier is granted by the appropriate 
delegated permitting authority.
    (3) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of an electrostatic precipitator (ESP) operated 
to comply with the applicable PM emissions limit in Sec. 60.42Da(c)(2) 
or (d) using an ESP predictive model developed in accordance with the 
requirements in paragraphs (o)(3)(i) through (v) of this section.
    (i) You must calibrate the ESP predictive model with each PM control 
device used to comply with the applicable PM emissions limit in Sec. 
60.42Da(c)(2) or (d) operating under normal conditions. In cases when a 
wet scrubber is used in combination with an ESP to comply with the PM 
emissions limit, the daily average liquid-to-gas flow rate for the wet 
scrubber must be maintained at 90 percent of average ratio measured 
during all test run intervals for the performance test conducted 
according to paragraph (o)(1) of this section.
    (ii) You must develop a site-specific monitoring plan that includes 
a description of the ESP predictive model used, the model input 
parameters, and the procedures and criteria for establishing monitoring 
parameter baseline levels indicative of compliance with the PM emissions 
limit. You must submit the site-specific monitoring plan for approval by 
the appropriate delegated permitting authority. For reference purposes 
in preparing the monitoring plan, see the OAQPS ``Compliance Assurance 
Monitoring (CAM) Protocol for an Electrostatic Precipitator (ESP) 
Controlling Particulate Matter (PM) Emissions from a Coal-Fired 
Boiler.'' This document is available from the U.S. Environmental 
Protection Agency (U.S. EPA); Office of Air Quality Planning and 
Standards; Sector Policies and Programs Division; Measurement Policy 
Group (D243-02), Research Triangle Park, NC 27711. This document is also 
available on the Technology Transfer Network (TTN) under Emission 
Measurement Center Continuous Emission Monitoring .
    (iii) You must run the ESP predictive model using the applicable 
input data each boiler operating day and evaluate the model output for 
the preceding boiler operating day excluding periods of affected source 
startup, shutdown, or malfunction. If the values for one or more of the 
model parameters exceed the applicable baseline levels determined 
according to your approved site-specific monitoring plan, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of a model parameter deviation 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to return the model output 
to within the applicable baseline levels.
    (iv) You must record the ESP predictive model inputs and outputs and 
any corrective actions taken. The record of corrective action taken must 
include the date and time during which the model output values exceeded 
the applicable baseline levels, and the date, time, and description of 
the corrective action.
    (v) If after 7 consecutive days a model parameter continues to 
exceed the applicable baseline level, then you must conduct a new PM 
performance test according to paragraph (o)(1) of this section. This new 
performance test must be conducted within 60 days of the date that the 
model parameter was first determined to exceed its baseline level unless 
a wavier is granted by the appropriate delegated permitting authority.
    (4) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of a fabric filter (baghouse) operated to comply 
with the applicable PM emissions limit in Sec. 60.42Da(c)(2) or (d) by 
using a bag leak detection system according to the requirements in 
paragraphs (o)(4)(i) through (v) of this section.
    (i) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (o)(4)(i)(A) through (H) of this section.

[[Page 145]]

    (A) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
foot) or less.
    (B) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator must continuously record the 
output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger.)
    (C) The bag leak detection system must be equipped with an alarm 
system that will react when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (o)(4)(i)(D) of this section, and the alarm must be located 
such that it can be noticed by the appropriate plant personnel.
    (D) In the initial adjustment of the bag leak detection system, you 
must establish, at a minimum, the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, the alarm 
set points, and the alarm delay time.
    (E) Following initial adjustment, you must not adjust the averaging 
period, alarm set point, or alarm delay time without approval from the 
appropriate delegated permitting authority except as provided in 
paragraph (d)(1)(vi) of this section.
    (F) Once per quarter, you may adjust the sensitivity of the bag leak 
detection system to account for seasonal effects, including temperature 
and humidity, according to the procedures identified in the site-
specific monitoring plan required by paragraph (o)(4)(ii) of this 
section.
    (G) You must install the bag leak detection sensor downstream of the 
fabric filter and upstream of any wet scrubber.
    (H) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ii) You must develop and submit to the appropriate delegated 
permitting authority for approval a site-specific monitoring plan for 
each bag leak detection system. You must operate and maintain the bag 
leak detection system according to the site-specific monitoring plan at 
all times. Each monitoring plan must describe the items in paragraphs 
(o)(4)(ii)(A) through (F) of this section.
    (A) Installation of the bag leak detection system;
    (B) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (C) Operation of the bag leak detection system, including quality 
assurance procedures;
    (D) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (E) How the bag leak detection system output will be recorded and 
stored; and
    (F) Corrective action procedures as specified in paragraph 
(o)(4)(iii) of this section. In approving the site-specific monitoring 
plan, the appropriate delegated permitting authority may allow owners 
and operators more than 3 hours to alleviate a specific condition that 
causes an alarm if the owner or operator identifies in the monitoring 
plan this specific condition as one that could lead to an alarm, 
adequately explains why it is not feasible to alleviate this condition 
within 3 hours of the time the alarm occurs, and demonstrates that the 
requested time will ensure alleviation of this condition as 
expeditiously as practicable.
    (iii) For each bag leak detection system, you must initiate 
procedures to determine the cause of every alarm within 1 hour of the 
alarm. Except as provided in paragraph (o)(4)(ii)(F) of this section, 
you must alleviate the cause of the alarm within 3 hours of the alarm by 
taking whatever corrective action(s) are necessary. Corrective actions 
may include, but are not limited to the following:
    (A) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
particulate emissions;
    (B) Sealing off defective bags or filter media;

[[Page 146]]

    (C) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (D) Sealing off a defective fabric filter compartment;
    (E) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (F) Shutting down the process producing the particulate emissions.
    (iv) You must maintain records of the information specified in 
paragraphs (o)(4)(iv)(A) through (C) of this section for each bag leak 
detection system.
    (A) Records of the bag leak detection system output;
    (B) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (C) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
if procedures were initiated within 1 hour of the alarm, the cause of 
the alarm, an explanation of the actions taken, the date and time the 
cause of the alarm was alleviated, and if the alarm was alleviated 
within 3 hours of the alarm.
    (v) If after any period of composed of 30 boiler operating days 
during which the alarm rate exceeds 5 percent of the process operating 
time (excluding control device or process startup, shutdown, and 
malfunction), then you must conduct a new PM performance test according 
to paragraph (o)(1) of this section. This new performance test must be 
conducted within 60 days of the date that the alarm rate was first 
determined to exceed 5 percent limit unless a wavier is granted by the 
appropriate delegated permitting authority.
    (5) An owner or operator of a modified affected source electing to 
meet the emission limitations in Sec. .42Da(d) shall determine the 
percent reduction in PM by using the emission rate for PM determined by 
the performance test conducted according to the requirements in 
paragraph (o)(1) of this section and the ash content on a mass basis of 
the fuel burned during each performance test run as determined by 
analysis of the fuel as fired.
    (p) As an alternative to meeting the compliance provisions specified 
in paragraph (o) of this section, an owner or operator may elect to 
install, certify, maintain, and operate a CEMS measuring PM emissions 
discharged from the affected facility to the atmosphere and record the 
output of the system as specified in paragraphs (p)(1) through (p)(8) of 
this section.
    (1) The owner or operator shall submit a written notification to the 
Administrator of intent to demonstrate compliance with this subpart by 
using a CEMS measuring PM. This notification shall be sent at least 30 
calendar days before the initial startup of the monitor for compliance 
determination purposes. The owner or operator may discontinue operation 
of the monitor and instead return to demonstration of compliance with 
this subpart according to the requirements in paragraph (o) of this 
section by submitting written notification to the Administrator of such 
intent at least 30 calendar days before shutdown of the monitor for 
compliance determination purposes.
    (2) Each CEMS shall be installed, certified, operated, and 
maintained according to the requirements in Sec. 60.49Da(v).
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of the date of notification to the Administrator 
required under paragraph (p)(1) of this section, whichever is later.
    (4) Compliance with the applicable emissions limit shall be 
determined based on the 24-hour daily (block) average of the hourly 
arithmetic average emissions concentrations using the continuous 
monitoring system outlet data. The 24-hour block arithmetic average 
emission concentration shall be calculated using EPA Reference Method 19 
of appendix A of this part, section 4.1.
    (5) At a minimum, valid CEMS hourly averages shall be obtained for 
75 percent of all operating hours on a 30-day rolling average basis. 
Beginning on January 1, 2012, valid CEMS hourly

[[Page 147]]

averages shall be obtained for 90 percent of all operating hours on a 
30-day rolling average basis.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (6) The 1-hour arithmetic averages required shall be expressed in 
ng/J, MMBtu/hr, or lb/MWh and shall be used to calculate the boiler 
operating day daily arithmetic average emission concentrations. The 1-
hour arithmetic averages shall be calculated using the data points 
required under Sec. 60.13(e)(2) of subpart A of this part.
    (7) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (j)(5) of this section are not met.
    (8) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 90 percent (only 75 percent is required prior to January 1, 
2012) of all operating hours per 30-day rolling average.



Sec. 60.49Da  Emission monitoring.

    (a) Except as provided for in paragraphs (t) and (u) of this 
section, the owner or operator of an affected facility, shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring the opacity of emissions discharged to the 
atmosphere. If opacity interference due to water droplets exists in the 
stack (for example, from the use of an FGD system), the opacity is 
monitored upstream of the interference (at the inlet to the FGD system). 
If opacity interference is experienced at all locations (both at the 
inlet and outlet of the SO2 control system), alternate 
parameters indicative of the PM control system's performance and/or good 
combustion are monitored (subject to the approval of the Administrator).
    (b) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring SO2 emissions, except where natural gas 
is the only fuel combusted, as follows:
    (1) Sulfur dioxide emissions are monitored at both the inlet and 
outlet of the SO2 control device.
    (2) For a facility that qualifies under the numerical limit 
provisions of Sec. 60.43Da(d), (i), (j), or (k) SO2 
emissions are only monitored as discharged to the atmosphere.
    (3) An ``as fired'' fuel monitoring system (upstream of coal 
pulverizers) meeting the requirements of Method 19 of appendix A of this 
part may be used to determine potential SO2 emissions in 
place of a continuous SO2 emission monitor at the inlet to 
the SO2 control device as required under paragraph (b)(1) of 
this section.
    (4) If the owner or operator has installed and certified a 
SO2 continuous emissions monitoring system (CEMS) according 
to the requirements of Sec. 75.20(c)(1) of this chapter and appendix A 
to part 75 of this chapter, and is continuing to meet the ongoing 
quality assurance requirements of Sec. 75.21 of this chapter and 
appendix B to part 75 of this chapter, that CEMS may be used to meet the 
requirements of this section, provided that:
    (i) A CO2 or O2 continuous monitoring system 
is installed, calibrated, maintained and operated at the same location, 
according to paragraph (d) of this section; and
    (ii) For sources subject to an SO2 emission limit in lb/
MMBtu under Sec. 60.43Da:
    (A) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (B) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (iii) The reporting requirements of Sec. 60.51Da are met. The 
SO2 and CO2 (or O2) data reported to 
meet the requirements of Sec. 60.51Da shall not include substitute data 
values derived from the

[[Page 148]]

missing data procedures in subpart D of part 75 of this chapter, nor 
shall the SO2 data have been bias adjusted according to the 
procedures of part 75 of this chapter.
    (c)(1) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring NOX emissions discharged to the 
atmosphere; or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used to meet the requirements of this section, except 
that the owner or operator shall also meet the requirements of Sec. 
60.51Da. Data reported to meet the requirements of Sec. 60.51Da shall 
not include data substituted using the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (d) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring the O2 or carbon dioxide 
(CO2) content of the flue gases at each location where 
SO2 or NOX emissions are monitored. For affected 
facilities subject to a lb/MMBtu SO2 emission limit under 
Sec. 60.43Da, if the owner or operator has installed and certified a 
CO2 or O2 monitoring system according to Sec. 
75.20(c) of this chapter and Appendix A to part 75 of this chapter and 
the monitoring system continues to meet the applicable quality-assurance 
provisions of Sec. 75.21 of this chapter and appendix B to part 75 of 
this chapter, that CEMS may be used together with the part 75 
SO2 concentration monitoring system described in paragraph 
(b) of this section, to determine the SO2 emission rate in 
lb/MMBtu. SO2 data used to meet the requirements of Sec. 
60.51Da shall not include substitute data values derived from the 
missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter.
    (e) The CEMS under paragraphs (b), (c), and (d) of this section are 
operated and data recorded during all periods of operation of the 
affected facility including periods of startup, shutdown, malfunction or 
emergency conditions, except for CEMS breakdowns, repairs, calibration 
checks, and zero and span adjustments.
    (f)(1) For units that began construction, reconstruction, or 
modification on or before February 28, 2005, the owner or operator shall 
obtain emission data for at least 18 hours in at least 22 out of 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with CEMS, the owner or operator shall supplement emission 
data with other monitoring systems approved by the Administrator or the 
reference methods and procedures as described in paragraph (h) of this 
section.
    (2) For units that began construction, reconstruction, or 
modification after February 28, 2005, the owner or operator shall obtain 
emission data for at least 90 percent of all operating hours for each 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with a CEMS, the owner or operator shall supplement 
emission data with other monitoring systems approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (h) of this section.
    (g) The 1-hour averages required under paragraph Sec. 60.13(h) are 
expressed in ng/J (lb/MMBtu) heat input and used to calculate the 
average emission rates under Sec. 60.48Da. The 1-hour averages are 
calculated using the data points required under Sec. 60.13(h)(2).
    (h) When it becomes necessary to supplement CEMS data to meet the 
minimum data requirements in paragraph (f) of this section, the owner or 
operator shall use the reference methods and procedures as specified in 
this paragraph. Acceptable alternative methods and procedures are given 
in paragraph (j) of this section.
    (1) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration at the same location as the 
SO2 monitor. Samples shall be taken at 60-minute intervals. 
The sampling time and sample volume for each

[[Page 149]]

sample shall be at least 20 minutes and 0.020 dscm (0.71 dscf). Each 
sample represents a 1-hour average.
    (2) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration at the same location as the 
NOX monitor. Samples shall be taken at 30-minute intervals. 
The arithmetic average of two consecutive samples represents a 1-hour 
average.
    (3) The emission rate correction factor, integrated bag sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 or CO2 concentration at the 
same location as the O2 or CO2 monitor. Samples 
shall be taken for at least 30 minutes in each hour. Each sample 
represents a 1-hour average.
    (4) The procedures in Method 19 of appendix A of this part shall be 
used to compute each 1-hour average concentration in ng/J (lb/MMBtu) 
heat input.
    (i) The owner or operator shall use methods and procedures in this 
paragraph to conduct monitoring system performance evaluations under 
Sec. 60.13(c) and calibration checks under Sec. 60.13(d). Acceptable 
alternative methods and procedures are given in paragraph (j) of this 
section.
    (1) Methods 3B, 6, and 7 of appendix A of this part shall be used to 
determine O2, SO2, and NOX 
concentrations, respectively.
    (2) SO2 or NOX (NO), as applicable, shall be 
used for preparing the calibration gas mixtures (in N2, as 
applicable) under Performance Specification 2 of appendix B of this 
part.
    (3) For affected facilities burning only fossil fuel, the span value 
for a CEMS for measuring opacity is between 60 and 80 percent. Span 
values for a CEMS measuring NOX shall be determined using one 
of the following procedures:
    (i) Except as provided under paragraph (i)(3)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
             Fossil fuel                  Span values for NOX  (ppm)
------------------------------------------------------------------------
Gas.................................  500.
Liquid..............................  500.
Solid...............................  1,000.
Combination.........................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from gaseous fossil fuel,
y = Fraction of total heat input derived from liquid fossil fuel, and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(i)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (4) All span values computed under paragraph (i)(3)(i) of this 
section for burning combinations of fossil fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (i)(3)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (5) For affected facilities burning fossil fuel, alone or in 
combination with non-fossil fuel and determining span values under 
paragraph (i)(3)(i) of this section, the span value of the 
SO2 CEMS at the inlet to the SO2 control device is 
125 percent of the maximum estimated hourly potential emissions of the 
fuel fired, and the outlet of the SO2 control device is 50 
percent of maximum estimated hourly potential emissions of the fuel 
fired. For affected facilities determining span values under paragraph 
(i)(3)(ii) of this section, SO2 span values shall be 
determined according to section 2.1.1 in appendix A to part 75 of this 
chapter.
    (j) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 6 of appendix A of this part, Method 6A or 6B 
(whenever Methods 6 and 3 or 3B of appendix A of this part data are 
used) or 6C of appendix A of this part may be used. Each Method 6B of 
appendix A of this part sample obtained over 24 hours represents 24 1-
hour averages. If Method 6A or 6B of appendix A of this part is used 
under paragraph (i) of this section, the conditions under Sec. 
60.48Da(d)(1) apply; these conditions do not apply under paragraph (h) 
of this section.
    (2) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this

[[Page 150]]

part is used, the sampling time for each run shall be 1 hour.
    (3) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used if the sampling time is 1 hour.
    (4) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.
    (k) The procedures specified in paragraphs (k)(1) through (3) of 
this section shall be used to determine gross output for sources 
demonstrating compliance with the output-based standard under Sec. 
60.44Da(d)(1).
    (1) The owner or operator of an affected facility with electricity 
generation shall install, calibrate, maintain, and operate a wattmeter; 
measure gross electrical output in MWh on a continuous basis; and record 
the output of the monitor.
    (2) The owner or operator of an affected facility with process steam 
generation shall install, calibrate, maintain, and operate meters for 
steam flow, temperature, and pressure; measure gross process steam 
output in joules per hour (or Btu per hour) on a continuous basis; and 
record the output of the monitor.
    (3) For affected facilities generating process steam in combination 
with electrical generation, the gross energy output is determined from 
the gross electrical output measured in accordance with paragraph (k)(1) 
of this section plus 75 percent of the gross thermal output (measured 
relative to ISO conditions) of the process steam measured in accordance 
with paragraph (k)(2) of this section.
    (l) The owner or operator of an affected facility demonstrating 
compliance with an output-based standard under Sec. 60.42Da, Sec. 
60.43Da, Sec. 60.44Da, or Sec. 60.45Da shall install, certify, 
operate, and maintain a continuous flow monitoring system meeting the 
requirements of Performance Specification 6 of appendix B of this part 
and the CD assessment, RATA and reporting provisions of procedure 1 of 
appendix F of this part, and record the output of the system, for 
measuring the volumetric flow rate of exhaust gases discharged to the 
atmosphere; or
    (m) Alternatively, data from a continuous flow monitoring system 
certified according to the requirements of Sec. 75.20(c) of this 
chapter and appendix A to part 75 of this chapter, and continuing to 
meet the applicable quality control and quality assurance requirements 
of Sec. 75.21 of this chapter and appendix B to part 75 of this 
chapter, may be used. Flow rate data reported to meet the requirements 
of Sec. 60.51Da shall not include substitute data values derived from 
the missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter.
    (n) Gas-fired and oil-fired units. The owner or operator of an 
affected unit that qualifies as a gas-fired or oil-fired unit, as 
defined in 40 CFR 72.2, may use, as an alternative to the requirements 
specified in either paragraph (l) or (m) of this section, a fuel flow 
monitoring system certified and operated according to the requirements 
of appendix D of part 75 of this chapter.
    (o) The owner or operator of a duct burner, as described in Sec. 
60.41Da, which is subject to the NOX standards of Sec. 
60.44Da(a)(1), (d)(1), or (e)(1) is not required to install or operate a 
CEMS to measure NOX emissions; a wattmeter to measure gross 
electrical output; meters to measure steam flow, temperature, and 
pressure; and a continuous flow monitoring system to measure the flow of 
exhaust gases discharged to the atmosphere.
    (p) The owner or operator of an affected facility demonstrating 
compliance with an Hg limit in Sec. 60.45Da shall install and operate a 
CEMS to measure and record the concentration of Hg in the exhaust gases 
from each stack according to the requirements in paragraphs (p)(1) 
through (p)(3) of this section. Alternatively, for an affected facility 
that is also subject to the requirements of subpart I of part 75 of this 
chapter, the owner or operator may install, certify, maintain, operate 
and quality-assure the data from a Hg CEMS according to Sec. 75.10 of 
this chapter and appendices A and B to part 75 of this chapter, in lieu 
of following the procedures in paragraphs (p)(1) through (p)(3) of this 
section.
    (1) The owner or operator must install, operate, and maintain each

[[Page 151]]

CEMS according to Performance Specification 12A in appendix B to this 
part.
    (2) The owner or operator must conduct a performance evaluation of 
each CEMS according to the requirements of Sec. 60.13 and Performance 
Specification 12A in appendix B to this part.
    (3) The owner or operator must operate each CEMS according to the 
requirements in paragraphs (p)(3)(i) through (iv) of this section.
    (i) As specified in Sec. 60.13(e)(2), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (ii) The owner or operator must reduce CEMS data as specified in 
Sec. 60.13(h).
    (iii) The owner or operator shall use all valid data points 
collected during the hour to calculate the hourly average Hg 
concentration.
    (iv) The owner or operator must record the results of each required 
certification and quality assurance test of the CEMS.
    (4) Mercury CEMS data collection must conform to paragraphs 
(p)(4)(i) through (iv) of this section.
    (i) For each calendar month in which the affected unit operates, 
valid hourly Hg concentration data, stack gas volumetric flow rate data, 
moisture data (if required), and electrical output data (i.e., valid 
data for all of these parameters) shall be obtained for at least 75 
percent of the unit operating hours in the month.
    (ii) Data reported to meet the requirements of this subpart shall 
not include hours of unit startup, shutdown, or malfunction. In 
addition, for an affected facility that is also subject to subpart I of 
part 75 of this chapter, data reported to meet the requirements of this 
subpart shall not include data substituted using the missing data 
procedures in subpart D of part 75 of this chapter, nor shall the data 
have been bias adjusted according to the procedures of part 75 of this 
chapter.
    (iii) If valid data are obtained for less than 75 percent of the 
unit operating hours in a month, you must discard the data collected in 
that month and replace the data with the mean of the individual monthly 
emission rate values determined in the last 12 months. In the 12-month 
rolling average calculation, this substitute Hg emission rate shall be 
weighted according to the number of unit operating hours in the month 
for which the data capture requirement of Sec. 60.49Da(p)(4)(i) was not 
met.
    (iv) Notwithstanding the requirements of paragraph (p)(4)(iii) of 
this section, if valid data are obtained for less than 75 percent of the 
unit operating hours in another month in that same 12-month rolling 
average cycle, discard the data collected in that month and replace the 
data with the highest individual monthly emission rate determined in the 
last 12 months. In the 12-month rolling average calculation, this 
substitute Hg emission rate shall be weighted according to the number of 
unit operating hours in the month for which the data capture requirement 
of Sec. 60.49Da(p)(4)(i) was not met.
    (q) As an alternative to the CEMS required in paragraph (p) of this 
section, the owner or operator may use a sorbent trap monitoring system 
(as defined in Sec. 72.2 of this chapter) to monitor Hg concentration, 
according to the procedures described in Sec. 75.15 of this chapter and 
appendix K to part 75 of this chapter.
    (r) For Hg CEMS that measure Hg concentration on a dry basis or for 
sorbent trap monitoring systems, the emissions data must be corrected 
for the stack gas moisture content. A certified continuous moisture 
monitoring system that meets the requirements of Sec. 75.11(b) of this 
chapter is acceptable for this purpose. Alternatively, the appropriate 
default moisture value, as specified in Sec. 75.11(b) or Sec. 75.12(b) 
of this chapter, may be used.
    (s) The owner or operator shall prepare and submit to the 
Administrator for approval a unit-specific monitoring plan for each 
monitoring system, at least 45 days before commencing certification 
testing of the monitoring systems. The owner or operator shall comply 
with the requirements in your plan. The plan must address the 
requirements in paragraphs (s)(1) through (6) of this section.
    (1) Installation of the CEMS sampling probe or other interface at a 
measurement location relative to each

[[Page 152]]

affected process unit such that the measurement is representative of the 
exhaust emissions (e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations, relative accuracy test audits (RATA), etc.);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.13(d) or part 75 of this chapter 
(as applicable);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13 or part 75 of this chapter (as 
applicable); and
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the requirements of this subpart.
    (t) The owner or operator of an affected facility demonstrating 
compliance with the output-based emissions limitation under Sec. 
60.42Da(c)(1) shall install, certify, operate, and maintain a CEMS for 
measuring PM emissions according to the requirements of paragraph (v) of 
this section. An owner or operator of an affected source demonstrating 
compliance with the input-based emission limitation under Sec. 
60.42Da(c)(2) may install, certify, operate, and maintain a CEMS for 
measuring PM emissions according to the requirements of paragraph (v) of 
this section.
    (u) An owner or operator of an affected source that meets the 
conditions in either paragraph (u)(1), (2) or (3) of this section is 
exempted from the continuous opacity monitoring system requirements in 
paragraph (a) of this section and the monitoring requirements in Sec. 
60.48Da(o).
    (1) A CEMS for measuring PM emissions is used to demonstrate 
continuous compliance on a boiler operating day average with the 
emissions limitations under Sec. 60.42Da(a)(1) or Sec. 60.42Da(c)(2) 
and is installed, certified, operated, and maintained on the affected 
source according to the requirements of paragraph (v) of this section; 
or
    (2) The affected source burns only gaseous fuels and does not use a 
post-combustion technology to reduce emissions of SO2 or PM; 
or
    (3) The affected source does not use post-combustion technology 
(except a wet scrubber) for reducing PM, SO2, or carbon 
monoxide (CO) emissions, burns only natural gas, gaseous fuels, or fuel 
oils that contain less than or equal to 0.30 weight percent sulfur, and 
is operated such that emissions of CO to the atmosphere from the 
affected source are maintained at levels less than or equal to 1.4 lb/
MWh on a boiler operating day average basis. Owners and operators of 
affected sources electing to comply with this paragraph must demonstrate 
compliance according to the procedures specified in paragraphs (u)(3)(i) 
through (iv) of this section.
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (u)(3)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. At least two data points per hour must be used to 
calculate each 1-hour average.
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly useful energy output from the affected source. The 24-hour 
average CO emission level

[[Page 153]]

is determined by calculating the arithmetic average of the hourly CO 
emission levels computed for each boiler operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected source 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 1.4 lb/MWh, you must initiate investigation of the 
relevant equipment and control systems within 24 hours of the first 
discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to reduce the 24-hour average CO emission level to 1.4 
lb/MWh or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (u)(3) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
1.4 lb/MWh, and the date, time, and description of the corrective 
action.
    (v) The owner or operator of an affected facility using a CEMS 
measuring PM emissions to meet requirements of this subpart shall 
install, certify, operate, and maintain the CEMS as specified in 
paragraphs (v)(1) through (v)(3).
    (1) The owner or operator shall conduct a performance evaluation of 
the CEMS according to the applicable requirements of Sec. 60.13, 
Performance Specification 11 in appendix B of this part, and procedure 2 
in appendix F of this part.
    (2) During each relative accuracy test run of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30-to 60-minute period) by both the CEMS and conducting 
performance tests using the following test methods.
    (i) For PM, EPA Reference Method 5, 5B, or 17 of appendix A of this 
part shall be used.
    (ii) For O2 (or CO2), EPA Reference Method 3, 
3A, or 3B of appendix A of this part, as applicable shall be used.
    (3) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (w)(1) Except as provided for under paragraphs (w)(2), (w)(3), and 
(w)(4) of this section, the SO2, NOX, 
CO2, and O2 CEMS required under paragraphs (b) 
through (d) of this section shall be installed, certified, and operated 
in accordance with the applicable procedures in Performance 
Specification 2 or 3 in appendix B to this part or according to the 
procedures in appendices A and B to part 75 of this chapter. Daily 
calibration drift assessments and quarterly accuracy determinations 
shall be done in accordance with Procedure 1 in appendix F to this part, 
and a data assessment report (DAR), prepared according to section 7 of 
Procedure 1 in appendix F to this part, shall be submitted with each 
compliance report required under Sec. 60.51Da., the owner or operator 
may elect to implement the following alternative data accuracy 
assessment procedures:
    (2) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For all required CO2 and O2 CEMS and for 
SO2 and NOX CEMS with span values greater than 100 
ppm, the daily calibration error test and calibration adjustment 
procedures described in sections 2.1.1 and 2.1.3 of appendix B to part 
75 of this chapter may be followed instead of the CD assessment 
procedures in Procedure 1, section 4.1 of appendix F of this part. If 
this option is selected, the data validation and out-of-control 
provisions in sections 2.1.4 and 2.1.5 of appendix B to part 75 of this 
chapter shall be followed instead of the excessive CD and out-of-control 
criteria in Procedure 1, section 4.3 of appendix F to this part. For the 
purposes of data validation under this subpart, the excessive CD and 
out-of-control criteria in Procedure 1, section 4.3 of appendix F to 
this part shall apply to SO2 and NOX span values 
less than 100 ppm;
    (3) As an alternative to meeting the requirements of paragraph 
(w)(1) of

[[Page 154]]

this section, an owner or operator may elect to may elect to implement 
the following alternative data accuracy assessment procedures. For all 
required CO2 and O2 CEMS and for SO2 
and NOX CEMS with span values greater than 30 ppm, quarterly 
linearity checks may be performed in accordance with section 2.2.1 of 
appendix B to part 75 of this chapter, instead of performing the 
cylinder gas audits (CGAs) described in Procedure 1, section 5.1.2 of 
appendix F to this part. If this option is selected: The frequency of 
the linearity checks shall be as specified in section 2.2.1 of appendix 
B to part 75 of this chapter; the applicable linearity specifications in 
section 3.2 of appendix A to part 75 of this chapter shall be met; the 
data validation and out-of-control criteria in section 2.2.3 of appendix 
B to part 75 of this chapter shall be followed instead of the excessive 
audit inaccuracy and out-of-control criteria in Procedure 1, section 5.2 
of appendix F to this part; and the grace period provisions in section 
2.2.4 of appendix B to part 75 of this chapter shall apply. For the 
purposes of data validation under this subpart, the cylinder gas audits 
described in Procedure 1, section 5.1.2 of appendix F to this part shall 
be performed for SO2 and NOX span values less than 
or equal to 30 ppm;
    (4) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For SO2, CO2, and O2 CEMS and for 
NOX CEMS, RATAs may be performed in accordance with section 
2.3 of appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu;
    (5) If the owner or operator elects to implement the alternative 
data assessment procedures described in paragraphs (w)(2) through (w)(4) 
of this section, each data assessment report shall include a summary of 
the results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by paragraphs (w)(2) through (w)(4) 
of this section.



Sec. 60.50Da  Compliance determination procedures and methods.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the 
methods in appendix A of this part or the methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). Section 
60.8(f) does not apply to this section for SO2 and 
NOX. Acceptable alternative methods are given in paragraph 
(e) of this section.
    (b) The owner or operator shall determine compliance with the PM 
standards in Sec. 60.42Da as follows:
    (1) The dry basis F factor (O2) procedures in Method 19 
of appendix A of this part shall be used to compute the emission rate of 
PM.
    (2) For the particular matter concentration, Method 5 of appendix A 
of this part shall be used at affected facilities without wet FGD 
systems and Method 5B of appendix A of this part shall be used after wet 
FGD systems.
    (i) The sampling time and sample volume for each run shall be at 
least 120 minutes and 1.70 dscm (60 dscf). The probe and filter holder 
heating system in the sampling train may be set to provide an average 
gas temperature of no greater than 16014 [deg]C 
(32025 [deg]F).

[[Page 155]]

    (ii) For each particulate run, the emission rate correction factor, 
integrated or grab sampling and analysis procedures of Method 3B of 
appendix A of this part shall be used to determine the O2 
concentration. The O2 sample shall be obtained simultaneously 
with, and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the O2 
traverse points may be reduced to 12 provided that Method 1 of appendix 
A of this part is used to locate the 12 O2 traverse points. 
If the grab sampling procedure is used, the O2 concentration 
for the run shall be the arithmetic mean of the sample O2 
concentrations at all traverse points.
    (3) Method 9 of appendix A of this part and the procedures in Sec. 
60.11 shall be used to determine opacity.
    (c) The owner or operator shall determine compliance with the 
SO2 standards in Sec. 60.43Da as follows:
    (1) The percent of potential SO2 emissions (%Ps) to the 
atmosphere shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.015

Where:

%Ps = Percent of potential SO2 emissions, percent;
%Rf = Percent reduction from fuel pretreatment, percent; and
%Rg = Percent reduction by SO2 control system, percent.

    (2) The procedures in Method 19 of appendix A of this part may be 
used to determine percent reduction (%Rf) of sulfur by such 
processes as fuel pretreatment (physical coal cleaning, 
hydrodesulfurization of fuel oil, etc.), coal pulverizers, and bottom 
and fly ash interactions. This determination is optional.
    (3) The procedures in Method 19 of appendix A of this part shall be 
used to determine the percent SO2 reduction (%Rg) 
of any SO2 control system. Alternatively, a combination of an 
``as fired'' fuel monitor and emission rates measured after the control 
system, following the procedures in Method 19 of appendix A of this 
part, may be used if the percent reduction is calculated using the 
average emission rate from the SO2 control device and the 
average SO2 input rate from the ``as fired'' fuel analysis 
for 30 successive boiler operating days.
    (4) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate.
    (5) The CEMS in Sec. 60.49Da(b) and (d) shall be used to determine 
the concentrations of SO2 and CO2 or 
O2.
    (d) The owner or operator shall determine compliance with the 
NOX standard in Sec. 60.44Da as follows:
    (1) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate of NOX.
    (2) The continuous monitoring system in Sec. 60.49Da(c) and (d) 
shall be used to determine the concentrations of NOX and 
CO2 or O2.
    (e) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5 or 5B of appendix A of this part, Method 17 of 
appendix A of this part may be used at facilities with or without wet 
FGD systems if the stack temperature at the sampling location does not 
exceed an average temperature of 160 [deg]C (320 [deg]F). The procedures 
of Sec. Sec. 2.1 and 2.3 of Method 5B of appendix A of this part may be 
used in Method 17 of appendix A of this part only if it is used after 
wet FGD systems. Method 17 of appendix A of this part shall not be used 
after wet FGD systems if the effluent is saturated or laden with water 
droplets.
    (2) The Fc factor (CO2) procedures in Method 
19 of appendix A of this part may be used to compute the emission rate 
of PM under the stipulations of Sec. 60.46(d)(1). The CO2 
shall be determined in the same manner as the O2 
concentration.
    (f) Electric utility combined cycle gas turbines are performance 
tested for PM, SO2, and NOX using the procedures 
of Method 19 of appendix A of this part. The SO2 and 
NOX emission rates from the gas turbine used in Method 19 of 
appendix A of this part calculations are determined when the gas turbine 
is performance tested under subpart GG of this part. The potential 
uncontrolled PM emission rate from a gas turbine is

[[Page 156]]

defined as 17 ng/J (0.04 lb/MMBtu) heat input.
    (g) For the purposes of determining compliance with the emission 
limits in Sec. 60.45Da, the owner or operator of an electric utility 
steam generating unit which is also a cogeneration unit shall use the 
procedures in paragraphs (g)(1) and (2) of this section to calculate 
emission rates based on electrical output to the grid plus 75 percent of 
the equivalent electrical energy (measured relative to ISO conditions) 
in the unit's process stream.
    (1) All conversions from Btu/hr unit input to MW unit output must 
use equivalents found in 40 CFR 60.40(a)(1) for electric utilities 
(i.e., 250 MMBtu/hr input to an electric utility steam generating unit 
is equivalent to 73 MW input to the electric utility steam generating 
unit); 73 MW input to the electric utility steam generating unit is 
equivalent to 25 MW output from the boiler electric utility steam 
generating unit; therefore, 250 MMBtu input to the electric utility 
steam generating unit is equivalent to 25 MW output from the electric 
utility steam generating unit).
    (2) Use the Equation 5 in this section to determine the cogeneration 
Hg emission rate over a specific compliance period.
[GRAPHIC] [TIFF OMITTED] TR13JN07.016

Where:

ERcogen = Cogeneration Hg emission rate over a compliance 
          period in lb/MWh;
E = Mass of Hg emitted from the stack over the same compliance period 
          (lb);
Vgrid = Amount of energy sent to the grid over the same 
          compliance period (MWh); and
Vprocess = Amount of energy converted to steam for process 
          use over the same compliance period (MWh).

    (h) The owner or operator shall determine compliance with the Hg 
limit in Sec. 60.45Da according to the procedures in paragraphs (h)(1) 
through (3) of this section.
    (1) The initial performance test shall be commenced by the 
applicable date specified in Sec. 60.8(a). The required CEMS must be 
certified prior to commencing the test. The performance test consists of 
collecting hourly Hg emission data (lb/MWh) with the CEMS for 12 
successive months of unit operation (excluding hours of unit startup, 
shutdown and malfunction). The average Hg emission rate is calculated 
for each month, and then the weighted, 12-month average Hg emission rate 
is calculated according to paragraph (h)(2) or (h)(3) of this section, 
as applicable. If, for any month in the initial performance test, the 
minimum data capture requirement in Sec. 60.49Da(p)(4)(i) is not met, 
the owner or operator shall report a substitute Hg emission rate for 
that month, as follows. For the first such month, the substitute monthly 
Hg emission rate shall be the arithmetic average of all valid hourly Hg 
emission rates recorded to date. For any subsequent month(s) with 
insufficient data capture, the substitute monthly Hg emission rate shall 
be the highest valid hourly Hg emission rate recorded to date. When the 
12-month average Hg emission rate for the initial performance test is 
calculated, for each month in which there was insufficient data capture, 
the substitute monthly Hg emission rate shall be weighted according to 
the number of unit operating hours in that month. Following the initial 
performance test, the owner or operator shall demonstrate compliance by 
calculating the weighted average of all monthly Hg emission rates (in 
lb/MWh) for each 12 successive calendar months, excluding data obtained 
during startup, shutdown, or malfunction.
    (2) If a CEMS is used to demonstrate compliance, follow the 
procedures in paragraphs (h)(2)(i) through (iii) of this section to 
determine the 12-month rolling average.
    (i) Calculate the total mass of Hg emissions over a month (M), in 
lb,

[[Page 157]]

using either Equation 6 in paragraph (h)(2)(i)(A) of this section or 
Equation 7 in paragraph (h)(2)(i)(B) of this section, in conjunction 
with Equation 8 in paragraph (h)(2)(i)(C) of this section.
    (A) If the Hg CEMS measures Hg concentration on a wet basis, use 
Equation 6 below to calculate the Hg mass emissions for each valid hour:
[GRAPHIC] [TIFF OMITTED] TR13JN07.017

Where:

Eh = Hg mass emissions for the hour, (lb);
K = Units conversion constant, 6.24 x 10-\11\ lb-scm/
          [micro]gm-scf;
Ch = Hourly Hg concentration, wet basis, 
          ([micro]gm/scm);
Qh = Hourly stack gas volumetric flow rate, (scfh); and
th = Unit operating time, i.e., the fraction of the hour for 
          which the unit operated. For example, th = 0.50 for a half-
          hour of unit operation and 1.00 for a full hour of operation.

    (B) If the Hg CEMS measures Hg concentration on a dry basis, use 
Equation 7 below to calculate the Hg mass emissions for each valid hour:
[GRAPHIC] [TIFF OMITTED] TR13JN07.018

Where:

Eh = Hg mass emissions for the hour, (lb);
K = Units conversion constant, 6.24 x 10-11 lb-scm/[micro]gm-
          scf;
Ch = Hourly Hg concentration, dry basis, ([micro]gm/dscm);
Qh = Hourly stack gas volumetric flow rate, (scfh);
th = Unit operating time, i.e., the fraction of the hour for 
          which the unit operated; and
Bws = Stack gas moisture content, expressed as a decimal 
          fraction (e.g., for 8 percent H2O, Bws = 
          0.08).

    (C) Use Equation 8, below, to calculate M, the total mass of Hg 
emitted for the month, by summing the hourly masses derived from 
Equation 6 or 7 (as applicable):
[GRAPHIC] [TIFF OMITTED] TR13JN07.019

Where:

M = Total Hg mass emissions for the month, (lb);
Eh = Hg mass emissions for hour ``h'', from Equation 6 or 7 
of this section, (lb); and
n = Number of unit operating hours in the month with valid CE and 
electrical output data, excluding hours of unit startup, shutdown and 
malfunction.

    (ii) Calculate the monthly Hg emission rate on an output basis (lb/
MWh) using Equation 9, below. For a cogeneration unit, use Equation 5 in 
paragraph (g) of this section instead.
[GRAPHIC] [TIFF OMITTED] TR13JN07.020

Where:

ER = Monthly Hg emission rate, (lb/MWh);
M = Total mass of Hg emissions for the month, from Equation 8, above, 
(lb); and
P = Total electrical output for the month, for the hours used to 
calculate M, (MWh).

    (iii) Until 12 monthly Hg emission rates have been accumulated, 
calculate and report only the monthly averages. Then, for each 
subsequent calendar month, use Equation 10 below to calculate the 12-
month rolling average as a weighted average of the Hg emission rate for 
the current month and the Hg emission rates for the previous 11 months, 
with one exception. Calendar months in which the unit does not operate 
(zero unit operating hours) shall not be included in the 12-month 
rolling average.
[GRAPHIC] [TIFF OMITTED] TR13JN07.021

Where:

Eavg = Weighted 12-month rolling average Hg emission rate, 
(lb/MWh);
ERi = Monthly Hg emission rate, for month ``i'', (lb/MWh); 
and
n = Number of unit operating hours in month ``i'' with valid CEM and 
electrical output data, excluding hours of unit startup, shutdown, and 
malfunction.

    (3) If a sorbent trap monitoring system is used in lieu of a Hg 
CEMS, as described in Sec. 75.15 of this chapter and in appendix K to 
part 75 of this chapter, calculate the monthly Hg emission rates using 
Equations 7 through 9 of this section, except that for a particular pair 
of sorbent traps, Ch in Equation 7 shall be the flow-
proportional average Hg concentration measured over the data collection 
period.

[[Page 158]]

    (i) Daily calibration drift (CD) tests and quarterly accuracy 
determinations shall be performed for Hg CEMS in accordance with 
Procedure 1 of appendix F to this part. For the CD assessments, you may 
use either elemental mercury or mercuric chloride (Hg[deg] 
HgCl2) standards. The four quarterly accuracy determinations 
shall consist of one RATA and three measurement error (ME) tests using 
HgCl2 standards, as described in section 8.3 of Performance 
Specification 12-A in appendix B to this part (note: Hg[deg] standards 
may be used if the Hg monitor does not have a converter). Alternatively, 
the owner or operator may implement the applicable daily, weekly, 
quarterly, and annual quality assurance (QA) requirements for Hg CEMS in 
appendix B to part 75 of this chapter, in lieu of the QA procedures in 
appendices B and F to this part. Annual RATA of sorbent trap monitoring 
systems shall be performed in accordance with appendices A and B to part 
75 of this chapter, and all other quality assurance requirements 
specified in appendix K to part 75 of this chapter shall be met for 
sorbent trap monitoring systems.



Sec. 60.51Da  Reporting requirements.

    (a) For SO2, NOX, PM, and Hg emissions, the 
performance test data from the initial and subsequent performance test 
and from the performance evaluation of the continuous monitors 
(including the transmissometer) are submitted to the Administrator.
    (b) For SO2 and NOX the following information 
is reported to the Administrator for each 24-hour period.
    (1) Calendar date.
    (2) The average SO2 and NOX emission rates 
(ng/J or lb/MMBtu) for each 30 successive boiler operating days, ending 
with the last 30-day period in the quarter; reasons for non-compliance 
with the emission standards; and, description of corrective actions 
taken.
    (3) Percent reduction of the potential combustion concentration of 
SO2 for each 30 successive boiler operating days, ending with 
the last 30-day period in the quarter; reasons for non-compliance with 
the standard; and, description of corrective actions taken.
    (4) Identification of the boiler operating days for which pollutant 
or diluent data have not been obtained by an approved method for at 
least 75 percent of the hours of operation of the facility; 
justification for not obtaining sufficient data; and description of 
corrective actions taken.
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates because of 
startup, shutdown, malfunction (NOX only), emergency 
conditions (SO2 only), or other reasons, and justification 
for excluding data for reasons other than startup, shutdown, 
malfunction, or emergency conditions.
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods.
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS.
    (9) Description of any modifications to CEMS which could affect the 
ability of the CEMS to comply with Performance Specifications 2 or 3.
    (c) If the minimum quantity of emission data as required by Sec. 
60.49Da is not obtained for any 30 successive boiler operating days, the 
following information obtained under the requirements of Sec. 
60.48Da(h) is reported to the Administrator for that 30-day period:
    (1) The number of hourly averages available for outlet emission 
rates (no) and inlet emission rates (ni) as applicable.
    (2) The standard deviation of hourly averages for outlet emission 
rates (so) and inlet emission rates (si) as 
applicable.
    (3) The lower confidence limit for the mean outlet emission rate 
(Eo*) and the upper confidence limit for the mean inlet 
emission rate (Ei*) as applicable.
    (4) The applicable potential combustion concentration.
    (5) The ratio of the upper confidence limit for the mean outlet 
emission rate (Eo*) and the allowable emission rate 
(Estd) as applicable.
    (d) If any standards under Sec. 60.43Da are exceeded during 
emergency conditions because of control system malfunction, the owner or 
operator of the

[[Page 159]]

affected facility shall submit a signed statement:
    (1) Indicating if emergency conditions existed and requirements 
under Sec. 60.48Da(d) were met during each period, and
    (2) Listing the following information:
    (i) Time periods the emergency condition existed;
    (ii) Electrical output and demand on the owner or operator's 
electric utility system and the affected facility;
    (iii) Amount of power purchased from interconnected neighboring 
utility companies during the emergency period;
    (iv) Percent reduction in emissions achieved;
    (v) Atmospheric emission rate (ng/J) of the pollutant discharged; 
and
    (vi) Actions taken to correct control system malfunction.
    (e) If fuel pretreatment credit toward the SO2 emission 
standard under Sec. 60.43Da is claimed, the owner or operator of the 
affected facility shall submit a signed statement:
    (1) Indicating what percentage cleaning credit was taken for the 
calendar quarter, and whether the credit was determined in accordance 
with the provisions of Sec. 60.50Da and Method 19 of appendix A of this 
part; and
    (2) Listing the quantity, heat content, and date each pretreated 
fuel shipment was received during the previous quarter; the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the previous quarter.
    (f) For any periods for which opacity, SO2 or 
NOX emissions data are not available, the owner or operator 
of the affected facility shall submit a signed statement indicating if 
any changes were made in operation of the emission control system during 
the period of data unavailability. Operations of the control system and 
affected facility during periods of data unavailability are to be 
compared with operation of the control system and affected facility 
before and following the period of data unavailability.
    (g) For Hg, the following information shall be reported to the 
Administrator:
    (1) Company name and address;
    (2) Date of report and beginning and ending dates of the reporting 
period;
    (3) The applicable Hg emission limit (lb/MWh); and
    (4) For each month in the reporting period:
    (i) The number of unit operating hours;
    (ii) The number of unit operating hours with valid data for Hg 
concentration, stack gas flow rate, moisture (if required), and 
electrical output;
    (iii) The monthly Hg emission rate (lb/MWh);
    (iv) The number of hours of valid data excluded from the calculation 
of the monthly Hg emission rate, due to unit startup, shutdown and 
malfunction; and
    (v) The 12-month rolling average Hg emission rate (lb/MWh); and
    (5) The data assessment report (DAR) required by appendix F to this 
part, or an equivalent summary of QA test results if the QA of part 75 
of this chapter are implemented.
    (h) The owner or operator of the affected facility shall submit a 
signed statement indicating whether:
    (1) The required CEMS calibration, span, and drift checks or other 
periodic audits have or have not been performed as specified.
    (2) The data used to show compliance was or was not obtained in 
accordance with approved methods and procedures of this part and is 
representative of plant performance.
    (3) The minimum data requirements have or have not been met; or, the 
minimum data requirements have not been met for errors that were 
unavoidable.
    (4) Compliance with the standards has or has not been achieved 
during the reporting period.
    (i) For the purposes of the reports required under Sec. 60.7, 
periods of excess emissions are defined as all 6-minute periods during 
which the average opacity exceeds the applicable opacity standards under 
Sec. 60.42Da(b). Opacity levels in excess of the applicable opacity 
standard and the date of such excesses are to be submitted to the 
Administrator each calendar quarter.
    (j) The owner or operator of an affected facility shall submit the 
written reports required under this section and

[[Page 160]]

subpart A to the Administrator semiannually for each six-month period. 
All semiannual reports shall be postmarked by the 30th day following the 
end of each six-month period.
    (k) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity and/or Hg in lieu of submitting the written reports 
required under paragraphs (b), (g), and (i) of this section. The format 
of each quarterly electronic report shall be coordinated with the 
permitting authority. The electronic report(s) shall be submitted no 
later than 30 days after the end of the calendar quarter and shall be 
accompanied by a certification statement from the owner or operator, 
indicating whether compliance with the applicable emission standards and 
minimum data requirements of this subpart was achieved during the 
reporting period. Before submitting reports in the electronic format, 
the owner or operator shall coordinate with the permitting authority to 
obtain their agreement to submit reports in this alternative format.



Sec. 60.52Da  Recordkeeping requirements.

    The owner or operator of an affected facility subject to the 
emissions limitations in Sec. 60.45Da shall provide notifications in 
accordance with Sec. 60.7(a) and shall maintain records of all 
information needed to demonstrate compliance including performance 
tests, monitoring data, fuel analyses, and calculations, consistent with 
the requirements of Sec. 60.7(f).



     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32742, June 13, 2007, unless otherwise noted.



Sec. 60.40b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
steam generating unit that commences construction, modification, or 
reconstruction after June 19, 1984, and that has a heat input capacity 
from fuels combusted in the steam generating unit of greater than 29 
megawatts (MW) (100 million British thermal units per hour (MMBtu/hr)).
    (b) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1984, but on or before 
June 19, 1986, is subject to the following standards:
    (1) Coal-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the particulate matter (PM) and nitrogen oxides (NOX) 
standards under this subpart.
    (2) Coal-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the applicability 
requirements under subpart D (Standards of performance for fossil-fuel-
fired steam generators; Sec. 60.40) are subject to the PM and 
NOX standards under this subpart and to the sulfur dioxide 
(SO2) standards under subpart D (Sec. 60.43).
    (3) Oil-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the NOX standards under this subpart.
    (4) Oil-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the applicability 
requirements under subpart D (Standards of performance for fossil-fuel-
fired steam generators; Sec. 60.40) are also subject to the 
NOX standards under this subpart and the PM and 
SO2 standards under subpart D (Sec. 60.42 and Sec. 60.43).
    (c) Affected facilities that also meet the applicability 
requirements under subpart J (Standards of performance for petroleum 
refineries; Sec. 60.104) are subject to the PM and NOX 
standards under this subpart and the SO2 standards under 
subpart J (Sec. 60.104).
    (d) Affected facilities that also meet the applicability 
requirements under subpart E (Standards of performance for incinerators; 
Sec. 60.50) are subject to the NOX and PM standards under 
this subpart.
    (e) Steam generating units meeting the applicability requirements 
under subpart Da (Standards of performance for electric utility steam 
generating

[[Page 161]]

units; Sec. 60.40Da) are not subject to this subpart.
    (f) Any change to an existing steam generating unit for the sole 
purpose of combusting gases containing total reduced sulfur (TRS) as 
defined under Sec. 60.281 is not considered a modification under Sec. 
60.14 and the steam generating unit is not subject to this subpart.
    (g) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, the following 
authorities shall be retained by the Administrator and not transferred 
to a State.
    (1) Section 60.44b(f).
    (2) Section 60.44b(g).
    (3) Section 60.49b(a)(4).
    (h) Any affected facility that meets the applicability requirements 
and is subject to subpart Ea, subpart Eb, or subpart AAAA of this part 
is not covered by this subpart.
    (i) Heat recovery steam generators that are associated with combined 
cycle gas turbines and that meet the applicability requirements of 
subpart GG or KKKK of this part are not subject to this subpart. This 
subpart will continue to apply to all other heat recovery steam 
generators that are capable of combusting more than 29 MW (100 MMBtu/hr) 
heat input of fossil fuel. If the heat recovery steam generator is 
subject to this subpart, only emissions resulting from combustion of 
fuels in the steam generating unit are subject to this subpart. (The gas 
turbine emissions are subject to subpart GG or KKKK, as applicable, of 
this part.)
    (j) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1986 is not subject to 
subpart D (Standards of Performance for Fossil-Fuel-Fired Steam 
Generators, Sec. 60.40).
    (k) Any affected facility that meets the applicability requirements 
and is subject to an EPA approved State or Federal section 111(d)/129 
plan implementing subpart Cb or subpart BBBB of this part is not covered 
by this subpart.



Sec. 60.41b  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from the fuels listed in Sec. 60.42b(a), 
Sec. 60.43b(a), or Sec. 60.44b(a), as applicable, during a calendar 
year and the potential heat input to the steam generating unit had it 
been operated for 8,760 hours during a calendar year at the maximum 
steady state design heat input capacity. In the case of steam generating 
units that are rented or leased, the actual heat input shall be 
determined based on the combined heat input from all operations of the 
affected facility in a calendar year.
    Byproduct/waste means any liquid or gaseous substance produced at 
chemical manufacturing plants, petroleum refineries, or pulp and paper 
mills (except natural gas, distillate oil, or residual oil) and 
combusted in a steam generating unit for heat recovery or for disposal. 
Gaseous substances with carbon dioxide (CO2) levels greater 
than 50 percent or carbon monoxide levels greater than 10 percent are 
not byproduct/waste for the purpose of this subpart.
    Chemical manufacturing plants mean industrial plants that are 
classified by the Department of Commerce under Standard Industrial 
Classification (SIC) Code 28.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec. 60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels, including 
but not limited to solvent refined coal, gasified coal, coal-oil 
mixtures, coke oven gas, and coal-water mixtures, are also included in 
this definition for the purposes of this subpart.
    Coal refuse means any byproduct of coal mining or coal cleaning 
operations with an ash content greater than 50 percent, by weight, and a 
heating value less than 13,900 kJ/kg (6,000 Btu/lb) on a dry basis.
    Cogeneration, also known as combined heat and power, means a 
facility that simultaneously produces both electric

[[Page 162]]

(or mechanical) and useful thermal energy from the same primary energy 
source.
    Coke oven gas means the volatile constituents generated in the 
gaseous exhaust during the carbonization of bituminous coal to form 
coke.
    Combined cycle system means a system in which a separate source, 
such as a gas turbine, internal combustion engine, kiln, etc., provides 
exhaust gas to a steam generating unit.
    Conventional technology means wet flue gas desulfurization (FGD) 
technology, dry FGD technology, atmospheric fluidized bed combustion 
technology, and oil hydrodesulfurization technology.
    Distillate oil means fuel oils that contain 0.05 weight percent 
nitrogen or less and comply with the specifications for fuel oil numbers 
1 and 2, as defined by the American Society of Testing and Materials in 
ASTM D396 (incorporated by reference, see Sec. 60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gases with an alkaline 
reagent and water, whether introduced separately or as a premixed slurry 
or solution and forming a dry powder material. This definition includes 
devices where the dry powder material is subsequently converted to 
another form. Alkaline slurries or solutions used in dry flue gas 
desulfurization technology include but are not limited to lime and 
sodium.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the facility has applied to the 
Administrator and received approval to operate as an emerging technology 
under Sec. 60.49b(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State Implementation 
Plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means combustion of fuel in a 
bed or series of beds (including but not limited to bubbling bed units 
and circulating bed units) of limestone aggregate (or other sorbent 
materials) in which these materials are forced upward by the flow of 
combustion air and the gaseous products of combustion.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Full capacity means operation of the steam generating unit at 90 
percent or more of the maximum steady-state design heat input capacity.
    Gaseous fuel means any fuel that is present as a gas at ISO 
conditions.
    Gross output means the gross useful work performed by the steam 
generated. For units generating only electricity, the gross useful work 
performed is the gross electrical output from the turbine/generator set. 
For cogeneration units, the gross useful work performed is the gross 
electrical or mechanical output plus 75 percent of the useful thermal 
output measured relative to ISO conditions that is not used to generate 
additional electrical or mechanical output (i.e., steam delivered to an 
industrial process).
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources, such as gas turbines, internal combustion engines, kilns, etc.
    Heat release rate means the steam generating unit design heat input 
capacity (in MW or Btu/hr) divided by the furnace volume (in cubic 
meters or cubic feet); the furnace volume is that volume bounded by the 
front furnace wall where the burner is located, the furnace side 
waterwall, and extending

[[Page 163]]

to the level just below or in front of the first row of convection pass 
tubes.
    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    High heat release rate means a heat release rate greater than 
730,000 J/sec-m\3\ (70,000 Btu/hr-ft\3\).
    ISO Conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means a type of coal classified as lignite A or lignite B by 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Low heat release rate means a heat release rate of 730,000 J/sec-
m\3\ (70,000 Btu/hr-ft\3\) or less.
    Mass-feed stoker steam generating unit means a steam generating unit 
where solid fuel is introduced directly into a retort or is fed directly 
onto a grate where it is combusted.
    Maximum heat input capacity means the ability of a steam generating 
unit to combust a stated maximum amount of fuel on a steady state basis, 
as determined by the physical design and characteristics of the steam 
generating unit.
    Municipal-type solid waste means refuse, more than 50 percent of 
which is waste consisting of a mixture of paper, wood, yard wastes, food 
wastes, plastics, leather, rubber, and other combustible materials, and 
noncombustible materials such as glass and rock.
    Natural gas means: (1) A naturally occurring mixture of hydrocarbon 
and nonhydrocarbon gases found in geologic formations beneath the 
earth's surface, of which the principal constituent is methane; or (2) 
liquefied petroleum gas, as defined by the American Society for Testing 
and Materials in ASTM D1835 (incorporated by reference, see Sec. 
60.17).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Oil means crude oil or petroleum or a liquid fuel derived from crude 
oil or petroleum, including distillate and residual oil.
    Petroleum refinery means industrial plants as classified by the 
Department of Commerce under Standard Industrial Classification (SIC) 
Code 29.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Pulp and paper mills means industrial plants that are classified by 
the Department of Commerce under North American Industry Classification 
System (NAICS) Code 322 or Standard Industrial Classification (SIC) Code 
26.
    Pulverized coal-fired steam generating unit means a steam generating 
unit in which pulverized coal is introduced into an air stream that 
carries the coal to the combustion chamber of the steam generating unit 
where it is fired in suspension. This includes both conventional 
pulverized coal-fired and micropulverized coal-fired steam generating 
units. Residual oil means crude oil, fuel oil numbers 1 and 2 that have 
a nitrogen content greater than 0.05 weight percent, and all fuel oil 
numbers 4, 5 and 6, as defined by the American Society of Testing and 
Materials in ASTM D396 (incorporated by reference, see Sec. 60.17).
    Spreader stoker steam generating unit means a steam generating unit 
in which solid fuel is introduced to the combustion zone by a mechanism 
that throws the fuel onto a grate from above. Combustion takes place 
both in suspension and on the grate.
    Steam generating unit means a device that combusts any fuel or 
byproduct/waste and produces steam or heats water or any other heat 
transfer medium. This term includes any municipal-type solid waste 
incinerator with a heat recovery steam generating unit or any steam 
generating unit that combusts fuel and is part of a cogeneration system 
or a combined cycle system. This term does not include process heaters 
as they are defined in this subpart.

[[Page 164]]

    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Very low sulfur oil means for units constructed, reconstructed, or 
modified on or before February 28, 2005, an oil that contains no more 
than 0.5 weight percent sulfur or that, when combusted without 
SO2 emission control, has a SO2 emission rate 
equal to or less than 215 ng/J (0.5 lb/MMBtu) heat input. For units 
constructed, reconstructed, or modified after February 28, 2005, very 
low sulfur oil means an oil that contains no more than 0.3 weight 
percent sulfur or that, when combusted without SO2 emission 
control, has a SO2 emission rate equal to or less than 140 
ng/J (0.32 lb/MMBtu) heat input.
    Wet flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gas with an alkaline slurry 
or solution and forming a liquid material. This definition applies to 
devices where the aqueous liquid material product of this contact is 
subsequently converted to other forms. Alkaline reagents used in wet 
flue gas desulfurization technology include, but are not limited to, 
lime, limestone, and sodium.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including, but not limited to, sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.



Sec. 60.42b  Standard for sulfur dioxide (SO2).

    (a) Except as provided in paragraphs (b), (c), (d), or (k) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec. 60.8, whichever comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or oil shall cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) or 10 percent (0.10) of the potential SO2 
emission rate (90 percent reduction) and the emission limit determined 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.022

Where:

Es = SO2 emission limit, in ng/J or lb/MMBtu heat 
          input;
Ka = 520 ng/J (or 1.2 lb/MMBtu);
Kb = 340 ng/J (or 0.80 lb/MMBtu);
Ha = Heat input from the combustion of coal, in J (MMBtu); 
          and
Hb = Heat input from the combustion of oil, in J (MMBtu).

    Only the heat input supplied to the affected facility from the 
combustion of coal and oil is counted under this section. No credit is 
provided for the heat input to the affected facility from the combustion 
of natural gas, wood, municipal-type solid waste, or other fuels or heat 
derived from exhaust gases from other sources, such as gas turbines, 
internal combustion engines, kilns, etc.
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal refuse alone in a fluidized bed combustion 
steam generating unit shall cause to be discharged into the atmosphere 
any gases that contain SO2 in excess of 87 ng/J (0.20 lb/
MMBtu) or 20 percent (0.20) of the potential SO2 emission 
rate (80 percent reduction) and 520 ng/J (1.2 lb/MMBtu) heat input. If 
coal or oil is fired with coal refuse, the affected facility is subject 
to paragraph (a) or (d) of this section, as applicable.
    (c) On and after the date on which the performance test is completed 
or is required to be completed under Sec. 60.8,

[[Page 165]]

whichever comes first, no owner or operator of an affected facility that 
combusts coal or oil, either alone or in combination with any other 
fuel, and that uses an emerging technology for the control of 
SO2 emissions, shall cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 50 percent 
of the potential SO2 emission rate (50 percent reduction) and 
that contain SO2 in excess of the emission limit determined 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.023

Where:

Es = SO2 emission limit, in ng/J or lb/MM Btu heat 
          input;
Kc = 260 ng/J (or 0.60 lb/MMBtu);
Kd = 170 ng/J (or 0.40 lb/MMBtu);
Hc = Heat input from the combustion of coal, in J (MMBtu); 
          and
Hd = Heat input from the combustion of oil, in J (MMBtu).

    Only the heat input supplied to the affected facility from the 
combustion of coal and oil is counted under this section. No credit is 
provided for the heat input to the affected facility from the combustion 
of natural gas, wood, municipal-type solid waste, or other fuels, or 
from the heat input derived from exhaust gases from other sources, such 
as gas turbines, internal combustion engines, kilns, etc.
    (d) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005 and 
listed in paragraphs (d)(1), (2), (3), or (4) of this section shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input if the 
affected facility combusts coal, or 215 ng/J (0.5 lb/MMBtu) heat input 
if the affected facility combusts oil other than very low sulfur oil. 
Percent reduction requirements are not applicable to affected facilities 
under paragraphs (d)(1), (2), (3) or (4) of this section.
    (1) Affected facilities that have an annual capacity factor for coal 
and oil of 30 percent (0.30) or less and are subject to a federally 
enforceable permit limiting the operation of the affected facility to an 
annual capacity factor for coal and oil of 30 percent (0.30) or less;
    (2) Affected facilities located in a noncontinental area; or
    (3) Affected facilities combusting coal or oil, alone or in 
combination with any fuel, in a duct burner as part of a combined cycle 
system where 30 percent (0.30) or less of the heat entering the steam 
generating unit is from combustion of coal and oil in the duct burner 
and 70 percent (0.70) or more of the heat entering the steam generating 
unit is from the exhaust gases entering the duct burner; or
    (4) The affected facility burns coke oven gas alone or in 
combination with natural gas or very low sulfur distillate oil.
    (e) Except as provided in paragraph (f) of this section, compliance 
with the emission limits, fuel oil sulfur limits, and/or percent 
reduction requirements under this section are determined on a 30-day 
rolling average basis.
    (f) Except as provided in paragraph (j)(2) of this section, 
compliance with the emission limits or fuel oil sulfur limits under this 
section is determined on a 24-hour average basis for affected facilities 
that (1) have a federally enforceable permit limiting the annual 
capacity factor for oil to 10 percent or less, (2) combust only very low 
sulfur oil, and (3) do not combust any other fuel.
    (g) Except as provided in paragraph (i) of this section and Sec. 
60.45b(a), the SO2 emission limits and percent reduction 
requirements under this section apply at all times, including periods of 
startup, shutdown, and malfunction.
    (h) Reductions in the potential SO2 emission rate through 
fuel pretreatment are not credited toward the percent reduction 
requirement under paragraph (c) of this section unless:
    (1) Fuel pretreatment results in a 50 percent or greater reduction 
in potential SO2 emissions and
    (2) Emissions from the pretreated fuel (without combustion or post-
combustion SO2 control) are equal to or less than the 
emission limits specified in paragraph (c) of this section.

[[Page 166]]

    (i) An affected facility subject to paragraph (a), (b), or (c) of 
this section may combust very low sulfur oil or natural gas when the 
SO2 control system is not being operated because of 
malfunction or maintenance of the SO2 control system.
    (j) Percent reduction requirements are not applicable to affected 
facilities combusting only very low sulfur oil. The owner or operator of 
an affected facility combusting very low sulfur oil shall demonstrate 
that the oil meets the definition of very low sulfur oil by: (1) 
Following the performance testing procedures as described in Sec. 
60.45b(c) or Sec. 60.45b(d), and following the monitoring procedures as 
described in Sec. 60.47b(a) or Sec. 60.47b(b) to determine 
SO2 emission rate or fuel oil sulfur content; or (2) 
maintaining fuel records as described in Sec. 60.49b(r).
    (k)(1) Except as provided in paragraphs (k)(2), (k)(3), and (k)(4) 
of this section, on and after the date on which the initial performance 
test is completed or is required to be completed under Sec. 60.8, 
whichever date comes first, no owner or operator of an affected facility 
that commences construction, reconstruction, or modification after 
February 28, 2005, and that combusts coal, oil, natural gas, a mixture 
of these fuels, or a mixture of these fuels with any other fuels shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 8 
percent (0.08) of the potential SO2 emission rate (92 percent 
reduction) and 520 ng/J (1.2 lb/MMBtu) heat input.
    (2) Units firing only very low sulfur oil and/or a mixture of 
gaseous fuels with a potential SO2 emission rate of 140 ng/J 
(0.32 lb/MMBtu) heat input or less are exempt from the SO2 
emissions limit in paragraph 60.42b(k)(1).
    (3) Units that are located in a noncontinental area and that combust 
coal or oil shall not discharge any gases that contain SO2 in 
excess of 520 ng/J (1.2 lb/MMBtu) heat input if the affected facility 
combusts coal, or 215 ng/J (0.50 lb/MMBtu) heat input if the affected 
facility combusts oil.
    (4) As an alternative to meeting the requirements under paragraph 
(k)(1) of this section, modified facilities that combust coal or a 
mixture of coal with other fuels shall not cause to be discharged into 
the atmosphere any gases that contain SO2 in excess of 87 ng/
J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction) and 520 ng/J (1.2 
lb/MMBtu) heat input.



Sec. 60.43b  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005 that combusts coal or combusts mixtures of coal with other fuels, 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of the following emission 
limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input, (i) If the affected 
facility combusts only coal, or
    (ii) If the affected facility combusts coal and other fuels and has 
an annual capacity factor for the other fuels of 10 percent (0.10) or 
less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal and other fuels and has an annual capacity factor for the 
other fuels greater than 10 percent (0.10) and is subject to a federally 
enforceable requirement limiting operation of the affected facility to 
an annual capacity factor greater than 10 percent (0.10) for fuels other 
than coal.
    (3) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts coal or coal and other fuels and
    (i) Has an annual capacity factor for coal or coal and other fuels 
of 30 percent (0.30) or less,
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less,
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for coal or coal and other solid fuels, and
    (iv) Construction of the affected facility commenced after June 19, 
1984, and before November 25, 1986.
    (4) An affected facility burning coke oven gas alone or in 
combination with

[[Page 167]]

other fuels not subject to a PM standard under Sec. 60.43b and not 
using a post-combustion technology (except a wet scrubber) for reducing 
PM or SO2 emissions is not subject to the PM limits under 
Sec. 60.43b(a).
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005, and that 
combusts oil (or mixtures of oil with other fuels) and uses a 
conventional or emerging technology to reduce SO2 emissions 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, and that combusts wood, or wood with other fuels, except coal, 
shall cause to be discharged from that affected facility any gases that 
contain PM in excess of the following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor greater than 30 percent (0.30) for wood.
    (2) 86 ng/J (0.20 lb/MMBtu) heat input if (i) The affected facility 
has an annual capacity factor of 30 percent (0.30) or less for wood;
    (ii) Is subject to a federally enforceable requirement limiting 
operation of the affected facility to an annual capacity factor of 30 
percent (0.30) or less for wood; and
    (iii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less.
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
combusts municipal-type solid waste or mixtures of municipal-type solid 
waste with other fuels, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain PM in excess of the 
following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input;
    (i) If the affected facility combusts only municipal-type solid 
waste; or
    (ii) If the affected facility combusts municipal-type solid waste 
and other fuels and has an annual capacity factor for the other fuels of 
10 percent (0.10) or less.
    (2) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts municipal-type solid waste or municipal-type solid waste and 
other fuels; and
    (i) Has an annual capacity factor for municipal-type solid waste and 
other fuels of 30 percent (0.30) or less;
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less;
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for municipal-type solid waste, or municipal-type solid waste 
and other fuels; and
    (iv) Construction of the affected facility commenced after June 19, 
1984, but on or before November 25, 1986.
    (e) For the purposes of this section, the annual capacity factor is 
determined by dividing the actual heat input to the steam generating 
unit during the calendar year from the combustion of coal, wood, or 
municipal-type solid waste, and other fuels, as applicable, by the 
potential heat input to the steam generating unit if the steam 
generating unit had been operated for 8,760 hours at the maximum heat 
input capacity.
    (f) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
combusts coal, oil, wood, or mixtures of these fuels with any other 
fuels shall cause to be discharged into the atmosphere any gases that 
exhibit greater than 20 percent opacity (6-minute average), except for 
one 6-minute period per hour of not more than 27 percent opacity.
    (g) The PM and opacity standards apply at all times, except during 
periods of startup, shutdown or malfunction.

[[Page 168]]

    (h)(1) Except as provided in paragraphs (h)(2), (h)(3), (h)(4), and 
(h)(5) of this section, on and after the date on which the initial 
performance test is completed or is required to be completed under Sec. 
60.8, whichever date comes first, no owner or operator of an affected 
facility that commenced construction, reconstruction, or modification 
after February 28, 2005, and that combusts coal, oil, wood, a mixture of 
these fuels, or a mixture of these fuels with any other fuels shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain PM in excess of 13 ng/J (0.030 lb/MMBtu) heat 
input,
    (2) As an alternative to meeting the requirements of paragraph 
(h)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec. 60.8, no owner or operator of an affected facility that 
commences modification after February 28, 2005 shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity of 73 MW (250 MMBtu/h) or less shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity greater than 73 MW (250 MMBtu/h) shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 37 ng/J (0.085 lb/MMBtu) heat input.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts only oil that contains no more than 0.3 
weight percent sulfur, coke oven gas, a mixture of these fuels, or 
either fuel (or a mixture of these fuels) in combination with other 
fuels not subject to a PM standard under Sec. 60.43b and not using a 
post-combustion technology (except a wet scrubber) to reduce 
SO2 or PM emissions is not subject to the PM limits under 
Sec. 60.43b(h)(1).



Sec. 60.44b  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that is subject to 
the provisions of this section and that combusts only coal, oil, or 
natural gas shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain NOX (expressed as 
NO2) in excess of the following emission limits:

[[Page 169]]



------------------------------------------------------------------------
                                                 Nitrogen oxide emission
                                                  limits (expressed as
        Fuel/steam generating unit type              NO2) heat input
                                               -------------------------
                                                    ng/J       lb/MMBTu
------------------------------------------------------------------------
(1) Natural gas and distillate oil, except
 (4):
    (i) Low heat release rate.................           43         0.10
    (ii) High heat release rate...............           86         0.20
(2) Residual oil:
    (i) Low heat release rate.................          130         0.30
    (ii) High heat release rate...............          170         0.40
(3) Coal:
    (i) Mass-feed stoker......................          210         0.50
    (ii) Spreader stoker and fluidized bed              260         0.60
     combustion...............................
    (iii) Pulverized coal.....................          300         0.70
    (iv) Lignite, except (v)..................          260         0.60
    (v) Lignite mined in North Dakota, South            340         0.80
     Dakota, or Montana and combusted in a
     slag tap furnace.........................
    (vi) Coal-derived synthetic fuels.........          210         0.50
(4) Duct burner used in a combined cycle
 system:
    (i) Natural gas and distillate oil........           86         0.20
    (ii) Residual oil.........................          170         0.40
------------------------------------------------------------------------

    (b) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that simultaneously 
combusts mixtures of coal, oil, or natural gas shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain NOX in excess of a limit determined by the use 
of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.024

Where:

En = NOX emission limit (expressed as 
          NO2), ng/J (lb/MMBtu);
ELgo = Appropriate emission limit from paragraph (a)(1) for 
          combustion of natural gas or distillate oil, ng/J (lb/MMBtu);
Hgo = Heat input from combustion of natural gas or distillate 
          oil, J (MMBtu);
ELro = Appropriate emission limit from paragraph (a)(2) for 
          combustion of residual oil, ng/J (lb/MMBtu);
Hro = Heat input from combustion of residual oil, J (MMBtu);
ELc = Appropriate emission limit from paragraph (a)(3) for 
          combustion of coal, ng/J (lb/MMBtu); and
Hc = Heat input from combustion of coal, J (MMBtu).

    (c) Except as provided under paragraph (l) of this section, on and 
after the date on which the initial performance test is completed or is 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that simultaneously 
combusts coal or oil, or a mixture of these fuels with natural gas, and 
wood, municipal-type solid waste, or any other fuel shall cause to be 
discharged into the atmosphere any gases that contain NOX in 
excess of the emission limit for the coal or oil, or mixtures of these 
fuels with natural gas combusted in the affected facility, as determined 
pursuant to paragraph (a) or (b) of this section, unless the affected 
facility has an annual capacity factor for coal or oil, or mixture of 
these fuels with natural gas of 10 percent (0.10) or less and is subject 
to a federally enforceable requirement that limits operation of the 
affected facility to an annual capacity factor of 10 percent (0.10) or 
less for coal, oil, or a mixture of these fuels with natural gas.
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
simultaneously combusts natural gas with wood, municipal-type solid 
waste, or other solid fuel, except coal, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
NOX in excess of 130 ng/J (0.30 lb/MMBtu) heat input unless 
the affected facility has an annual capacity factor for natural gas of 
10 percent (0.10) or less and is

[[Page 170]]

subject to a federally enforceable requirement that limits operation of 
the affected facility to an annual capacity factor of 10 percent (0.10) 
or less for natural gas.
    (e) Except as provided under paragraph (l) of this section, on and 
after the date on which the initial performance test is completed or is 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that simultaneously 
combusts coal, oil, or natural gas with byproduct/waste shall cause to 
be discharged into the atmosphere any gases that contain NOX 
in excess of the emission limit determined by the following formula 
unless the affected facility has an annual capacity factor for coal, 
oil, and natural gas of 10 percent (0.10) or less and is subject to a 
federally enforceable requirement that limits operation of the affected 
facility to an annual capacity factor of 10 percent (0.10) or less:
[GRAPHIC] [TIFF OMITTED] TR13JN07.025

Where:

En = NOX emission limit (expressed as 
          NO2), ng/J (lb/MMBtu);
ELgo = Appropriate emission limit from paragraph (a)(1) for 
          combustion of natural gas or distillate oil, ng/J (lb/MMBtu);
Hgo = Heat input from combustion of natural gas, distillate 
          oil and gaseous byproduct/waste, J (MMBtu);
ELro = Appropriate emission limit from paragraph (a)(2) for 
          combustion of residual oil and/or byproduct/waste, ng/J (lb/
          MMBtu);
Hro = Heat input from combustion of residual oil, J (MMBtu);
ELc = Appropriate emission limit from paragraph (a)(3) for 
          combustion of coal, ng/J (lb/MMBtu); and
Hc = Heat input from combustion of coal, J (MMBtu).

    (f) Any owner or operator of an affected facility that combusts 
byproduct/waste with either natural gas or oil may petition the 
Administrator within 180 days of the initial startup of the affected 
facility to establish a NOX emission limit that shall apply 
specifically to that affected facility when the byproduct/waste is 
combusted. The petition shall include sufficient and appropriate data, 
as determined by the Administrator, such as NOX emissions 
from the affected facility, waste composition (including nitrogen 
content), and combustion conditions to allow the Administrator to 
confirm that the affected facility is unable to comply with the emission 
limits in paragraph (e) of this section and to determine the appropriate 
emission limit for the affected facility.
    (1) Any owner or operator of an affected facility petitioning for a 
facility-specific NOX emission limit under this section 
shall:
    (i) Demonstrate compliance with the emission limits for natural gas 
and distillate oil in paragraph (a)(1) of this section or for residual 
oil in paragraph (a)(2) or (l)(1) of this section, as appropriate, by 
conducting a 30-day performance test as provided in Sec. 60.46b(e). 
During the performance test only natural gas, distillate oil, or 
residual oil shall be combusted in the affected facility; and
    (ii) Demonstrate that the affected facility is unable to comply with 
the emission limits for natural gas and distillate oil in paragraph 
(a)(1) of this section or for residual oil in paragraph (a)(2) or (l)(1) 
of this section, as appropriate, when gaseous or liquid byproduct/waste 
is combusted in the affected facility under the same conditions and 
using the same technological system of emission reduction applied when 
demonstrating compliance under paragraph (f)(1)(i) of this section.
    (2) The NOX emission limits for natural gas or distillate 
oil in paragraph (a)(1) of this section or for residual oil in paragraph 
(a)(2) or (l)(1) of this section, as appropriate, shall be applicable to 
the affected facility until and unless the petition is approved by the 
Administrator. If the petition is approved by the Administrator, a 
facility-specific NOX emission limit will be established at 
the NOX emission level achievable when the affected facility 
is combusting oil or natural gas and byproduct/waste in a manner that 
the Administrator determines to be consistent with minimizing 
NOX emissions. In lieu of amending this subpart, a letter 
will be sent to the facility describing the facility-specific 
NOX limit. The facility shall use the compliance procedures 
detailed in the letter and make the letter

[[Page 171]]

available to the public. If the Administrator determines it is 
appropriate, the conditions and requirements of the letter can be 
reviewed and changed at any point.
    (g) Any owner or operator of an affected facility that combusts 
hazardous waste (as defined by 40 CFR part 261 or 40 CFR part 761) with 
natural gas or oil may petition the Administrator within 180 days of the 
initial startup of the affected facility for a waiver from compliance 
with the NOX emission limit that applies specifically to that 
affected facility. The petition must include sufficient and appropriate 
data, as determined by the Administrator, on NOX emissions 
from the affected facility, waste destruction efficiencies, waste 
composition (including nitrogen content), the quantity of specific 
wastes to be combusted and combustion conditions to allow the 
Administrator to determine if the affected facility is able to comply 
with the NOX emission limits required by this section. The 
owner or operator of the affected facility shall demonstrate that when 
hazardous waste is combusted in the affected facility, thermal 
destruction efficiency requirements for hazardous waste specified in an 
applicable federally enforceable requirement preclude compliance with 
the NOX emission limits of this section. The NOX 
emission limits for natural gas or distillate oil in paragraph (a)(1) of 
this section or for residual oil in paragraph (a)(2) or (l)(1) of this 
section, as appropriate, are applicable to the affected facility until 
and unless the petition is approved by the Administrator. (See 40 CFR 
761.70 for regulations applicable to the incineration of materials 
containing polychlorinated biphenyls (PCB's).) In lieu of amending this 
subpart, a letter will be sent to the facility describing the facility-
specific NOX limit. The facility shall use the compliance 
procedures detailed in the letter and make the letter available to the 
public. If the Administrator determines it is appropriate, the 
conditions and requirements of the letter can be reviewed and changed at 
any point.
    (h) For purposes of paragraph (i) of this section, the 
NOX standards under this section apply at all times including 
periods of startup, shutdown, or malfunction.
    (i) Except as provided under paragraph (j) of this section, 
compliance with the emission limits under this section is determined on 
a 30-day rolling average basis.
    (j) Compliance with the emission limits under this section is 
determined on a 24-hour average basis for the initial performance test 
and on a 3-hour average basis for subsequent performance tests for any 
affected facilities that:
    (1) Combust, alone or in combination, only natural gas, distillate 
oil, or residual oil with a nitrogen content of 0.30 weight percent or 
less;
    (2) Have a combined annual capacity factor of 10 percent or less for 
natural gas, distillate oil, and residual oil with a nitrogen content of 
0.30 weight percent or less; and
    (3) Are subject to a federally enforceable requirement limiting 
operation of the affected facility to the firing of natural gas, 
distillate oil, and/or residual oil with a nitrogen content of 0.30 
weight percent or less and limiting operation of the affected facility 
to a combined annual capacity factor of 10 percent or less for natural 
gas, distillate oil, and residual oil with a nitrogen content of 0.30 
weight percent or less.
    (k) Affected facilities that meet the criteria described in 
paragraphs (j)(1), (2), and (3) of this section, and that have a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, are not subject to the 
NOX emission limits under this section.
    (l) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commenced construction or reconstruction after July 9, 1997 shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain NOX (expressed as NO2) in 
excess of the following limits:
    (1) If the affected facility combusts coal, oil, or natural gas, or 
a mixture of these fuels, or with any other fuels: A limit of 86 ng/J 
(0.20 lb/MMBtu) heat input unless the affected facility has an annual 
capacity factor for coal, oil, and natural gas of 10 percent (0.10) or

[[Page 172]]

less and is subject to a federally enforceable requirement that limits 
operation of the facility to an annual capacity factor of 10 percent 
(0.10) or less for coal, oil, and natural gas; or
    (2) If the affected facility has a low heat release rate and 
combusts natural gas or distillate oil in excess of 30 percent of the 
heat input on a 30-day rolling average from the combustion of all fuels, 
a limit determined by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.026

Where:

En = NOX emission limit, (lb/MMBtu);
Hgo = 30-day heat input from combustion of natural gas or 
          distillate oil; and
Hr = 30-day heat input from combustion of any other fuel.

    (3) After February 27, 2006, units where more than 10 percent of 
total annual output is electrical or mechanical may comply with an 
optional limit of 270 ng/J (2.1 lb/MWh) gross energy output, based on a 
30-day rolling average. Units complying with this output-based limit 
must demonstrate compliance according to the procedures of Sec. 
60.48Da(i) of subpart Da of this part, and must monitor emissions 
according to Sec. 60.49Da(c), (k), through (n) of subpart Da of this 
part.



Sec. 60.45b  Compliance and performance test methods and procedures

for sulfur dioxide.

    (a) The SO2 emission standards under Sec. 60.42b apply 
at all times. Facilities burning coke oven gas alone or in combination 
with any other gaseous fuels or distillate oil and complying with the 
fuel based limit under Sec. 60.42b(d) or Sec. 60.42b(k)(2) are allowed 
to exceed the limit 30 operating days per calendar year for by-product 
plant maintenance.
    (b) In conducting the performance tests required under Sec. 60.8, 
the owner or operator shall use the methods and procedures in appendix A 
(including fuel certification and sampling) of this part or the methods 
and procedures as specified in this section, except as provided in Sec. 
60.8(b). Section 60.8(f) does not apply to this section. The 30-day 
notice required in Sec. 60.8(d) applies only to the initial performance 
test unless otherwise specified by the Administrator.
    (c) The owner or operator of an affected facility shall conduct 
performance tests to determine compliance with the percent of potential 
SO2 emission rate (% Ps) and the SO2 
emission rate (Es) pursuant to Sec. 60.42b following the 
procedures listed below, except as provided under paragraph (d) and (k) 
of this section.
    (1) The initial performance test shall be conducted over 30 
consecutive operating days of the steam generating unit. Compliance with 
the SO2 standards shall be determined using a 30-day average. 
The first operating day included in the initial performance test shall 
be scheduled within 30 days after achieving the maximum production rate 
at which the affected facility will be operated, but not later than 180 
days after initial startup of the facility.
    (2) If only coal, only oil, or a mixture of coal and oil is 
combusted, the following procedures are used:
    (i) The procedures in Method 19 of appendix A of this part are used 
to determine the hourly SO2 emission rate (Eho) 
and the 30-day average emission rate (Eao). The hourly 
averages used to compute the 30-day averages are obtained from the 
continuous emission monitoring system (CEMS) of Sec. 60.47b (a) or (b).
    (ii) The percent of potential SO2 emission rate 
(%Ps) emitted to the atmosphere is computed using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.027

Where:

%Ps = Potential SO2 emission rate, percent;
%Rg = SO2 removal efficiency of the control device 
          as determined by Method 19 of appendix A of this part, in 
          percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
          as determined by Method 19 of appendix A of this part, in 
          percent.

    (3) If coal or oil is combusted with other fuels, the same 
procedures required in paragraph (c)(2) of this section are used, except 
as provided in the following:
    (i) An adjusted hourly SO2 emission rate 
(Eho\o\) is used in Equation 19-19 of

[[Page 173]]

Method 19 of appendix A of this part to compute an adjusted 30-day 
average emission rate (Eao\o\). The Eho[deg] is computed 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.028

Where:

Eho\o\ = Adjusted hourly SO2 emission rate, ng/J 
          (lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          the fuel sampling and analysis procedures in Method 19 of 
          appendix A of this part, ng/J (lb/MMBtu). The value 
          Ew for each fuel lot is used for each hourly 
          average during the time that the lot is being combusted; and
Xk = Fraction of total heat input from fuel combustion 
          derived from coal, oil, or coal and oil, as determined by 
          applicable procedures in Method 19 of appendix A of this part.

    (ii) To compute the percent of potential SO2 emission 
rate (%Ps), an adjusted %Rg (%Rg\o\) is 
computed from the adjusted Eao\o\ from paragraph (b)(3)(i) of 
this section and an adjusted average SO2 inlet rate 
(Eai\o\) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.029

    To compute Eai\o\, an adjusted hourly SO2 
inlet rate (Ehi\o\) is used. The Ehi\o\ is 
computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.030

Where:

Ehi\o\ = Adjusted hourly SO2 inlet rate, ng/J (lb/
          MMBtu); and
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu).

    (4) The owner or operator of an affected facility subject to 
paragraph (b)(3) of this section does not have to measure parameters 
Ew or Xk if the owner or operator elects to assume 
that Xk = 1.0. Owners or operators of affected facilities who 
assume Xk = 1.0 shall:
    (i) Determine %Ps following the procedures in paragraph 
(c)(2) of this section; and
    (ii) Sulfur dioxide emissions (Es) are considered to be 
in compliance with SO2 emission limits under Sec. 60.42b.
    (5) The owner or operator of an affected facility that qualifies 
under the provisions of Sec. 60.42b(d) does not have to measure 
parameters Ew or Xk under paragraph (b)(3) of this 
section if the owner or operator of the affected facility elects to 
measure SO2 emission rates of the coal or oil following the 
fuel sampling and analysis procedures under Method 19 of appendix A of 
this part.
    (d) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility that combusts only very low sulfur 
oil, has an annual capacity factor for oil of 10 percent (0.10) or less, 
and is subject to a federally enforceable requirement limiting operation 
of the affected facility to an annual capacity factor for oil of 10 
percent (0.10) or less shall:
    (1) Conduct the initial performance test over 24 consecutive steam 
generating unit operating hours at full load;
    (2) Determine compliance with the standards after the initial 
performance test based on the arithmetic average of the hourly emissions 
data during each steam generating unit operating day if a CEMS is used, 
or based on a daily average if Method 6B of appendix A of this part or 
fuel sampling and analysis procedures under Method 19 of appendix A of 
this part are used.
    (e) The owner or operator of an affected facility subject to Sec. 
60.42b(d)(1) shall demonstrate the maximum design capacity of the steam 
generating unit by operating the facility at maximum capacity for 24 
hours. This demonstration will be made during the initial performance 
test and a subsequent demonstration may be requested at any other time. 
If the 24-hour average firing rate for the affected facility is less 
than the maximum design capacity provided by the manufacturer of the 
affected facility, the 24-hour average firing rate shall be used to 
determine the capacity utilization rate for the affected facility, 
otherwise the maximum design capacity provided by the manufacturer is 
used.
    (f) For the initial performance test required under Sec. 60.8, 
compliance with

[[Page 174]]

the SO2 emission limits and percent reduction requirements 
under Sec. 60.42b is based on the average emission rates and the 
average percent reduction for SO2 for the first 30 
consecutive steam generating unit operating days, except as provided 
under paragraph (d) of this section. The initial performance test is the 
only test for which at least 30 days prior notice is required unless 
otherwise specified by the Administrator. The initial performance test 
is to be scheduled so that the first steam generating unit operating day 
of the 30 successive steam generating unit operating days is completed 
within 30 days after achieving the maximum production rate at which the 
affected facility will be operated, but not later than 180 days after 
initial startup of the facility. The boiler load during the 30-day 
period does not have to be the maximum design load, but must be 
representative of future operating conditions and include at least one 
24-hour period at full load.
    (g) After the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limits and percent reduction 
requirements under Sec. 60.42b is based on the average emission rates 
and the average percent reduction for SO2 for 30 successive 
steam generating unit operating days, except as provided under paragraph 
(d). A separate performance test is completed at the end of each steam 
generating unit operating day after the initial performance test, and a 
new 30-day average emission rate and percent reduction for 
SO2 are calculated to show compliance with the standard.
    (h) Except as provided under paragraph (i) of this section, the 
owner or operator of an affected facility shall use all valid 
SO2 emissions data in calculating %Ps and 
Eho under paragraph (c), of this section whether or not the 
minimum emissions data requirements under Sec. 60.46b are achieved. All 
valid emissions data, including valid SO2 emission data 
collected during periods of startup, shutdown and malfunction, shall be 
used in calculating %Ps and Eho pursuant to 
paragraph (c) of this section.
    (i) During periods of malfunction or maintenance of the 
SO2 control systems when oil is combusted as provided under 
Sec. 60.42b(i), emission data are not used to calculate %Ps 
or Es under Sec. 60.42b(a), (b) or (c), however, the 
emissions data are used to determine compliance with the emission limit 
under Sec. 60.42b(i).
    (j) The owner or operator of an affected facility that combusts very 
low sulfur oil is not subject to the compliance and performance testing 
requirements of this section if the owner or operator obtains fuel 
receipts as described in Sec. 60.49b(r).
    (k) The owner or operator of an affected facility seeking to 
demonstrate compliance under Sec. Sec. 60.42b(d)(4), 60.42b(j), and 
60.42b(k)(2) shall follow the applicable procedures under Sec. 
60.49b(r).



Sec. 60.46b  Compliance and performance test methods and procedures

for particulate matter and nitrogen oxides.

    (a) The PM emission standards and opacity limits under Sec. 60.43b 
apply at all times except during periods of startup, shutdown, or 
malfunction. The NOX emission standards under Sec. 60.44b 
apply at all times.
    (b) Compliance with the PM emission standards under Sec. 60.43b 
shall be determined through performance testing as described in 
paragraph (d) of this section, except as provided in paragraph (i) of 
this section.
    (c) Compliance with the NOX emission standards under 
Sec. 60.44b shall be determined through performance testing under 
paragraph (e) or (f), or under paragraphs (g) and (h) of this section, 
as applicable.
    (d) To determine compliance with the PM emission limits and opacity 
limits under Sec. 60.43b, the owner or operator of an affected facility 
shall conduct an initial performance test as required under Sec. 60.8, 
and shall conduct subsequent performance tests as requested by the 
Administrator, using the following procedures and reference methods:
    (1) Method 3B of appendix A of this part is used for gas analysis 
when applying Method 5 or 17 of appendix A of this part.
    (2) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:

[[Page 175]]

    (i) Method 5 of appendix A of this part shall be used at affected 
facilities without wet flue gas desulfurization (FGD) systems; and
    (ii) Method 17 of appendix A of this part may be used at facilities 
with or without wet scrubber systems provided the stack gas temperature 
does not exceed a temperature of 160 [deg]C (32 [deg]F). The procedures 
of sections 2.1 and 2.3 of Method 5B of appendix A of this part may be 
used in Method 17 of appendix A of this part only if it is used after a 
wet FGD system. Do not use Method 17 of appendix A of this part after 
wet FGD systems if the effluent is saturated or laden with water 
droplets.
    (iii) Method 5B of appendix A of this part is to be used only after 
wet FGD systems.
    (3) Method 1 of appendix A of this part is used to select the 
sampling site and the number of traverse sampling points. The sampling 
time for each run is at least 120 minutes and the minimum sampling 
volume is 1.7 dscm (60 dscf) except that smaller sampling times or 
volumes may be approved by the Administrator when necessitated by 
process variables or other factors.
    (4) For Method 5 of appendix A of this part, the temperature of the 
sample gas in the probe and filter holder is monitored and is maintained 
at 16014 [deg]C (32025 
[deg]F).
    (5) For determination of PM emissions, the oxygen (O2) or 
CO2 sample is obtained simultaneously with each run of Method 
5, 5B, or 17 of appendix A of this part by traversing the duct at the 
same sampling location.
    (6) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rate expressed in ng/J heat input is determined 
using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section;
    (ii) The dry basis F factor; and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.
    (7) Method 9 of appendix A of this part is used for determining the 
opacity of stack emissions.
    (e) To determine compliance with the emission limits for 
NOX required under Sec. 60.44b, the owner or operator of an 
affected facility shall conduct the performance test as required under 
Sec. 60.8 using the continuous system for monitoring NOX 
under Sec. 60.48(b).
    (1) For the initial compliance test, NOX from the steam 
generating unit are monitored for 30 successive steam generating unit 
operating days and the 30-day average emission rate is used to determine 
compliance with the NOX emission standards under Sec. 
60.44b. The 30-day average emission rate is calculated as the average of 
all hourly emissions data recorded by the monitoring system during the 
30-day test period.
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, the owner or operator of an affected facility which 
combusts coal or which combusts residual oil having a nitrogen content 
greater than 0.30 weight percent shall determine compliance with the 
NOX emission standards under Sec. 60.44b on a continuous 
basis through the use of a 30-day rolling average emission rate. A new 
30-day rolling average emission rate is calculated each steam generating 
unit operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (3) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, the owner or operator of an affected facility that has 
a heat input capacity greater than 73 MW (250 MMBtu/hr) and that 
combusts natural gas, distillate oil, or residual oil having a nitrogen 
content of 0.30 weight percent or less shall determine compliance with 
the NOX standards under Sec. 60.44b on a continuous basis 
through the use of a 30-day rolling average emission rate. A new 30-day 
rolling average emission rate is calculated each steam generating unit 
operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (4) Following the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility that has a 
heat input capacity of 73

[[Page 176]]

MW (250 MMBtu/hr) or less and that combusts natural gas, distillate oil, 
or residual oil having a nitrogen content of 0.30 weight percent or less 
shall upon request determine compliance with the NOX 
standards under Sec. 60.44b through the use of a 30-day performance 
test. During periods when performance tests are not requested, 
NOX emissions data collected pursuant to Sec. 60.48b(g)(1) 
or Sec. 60.48b(g)(2) are used to calculate a 30-day rolling average 
emission rate on a daily basis and used to prepare excess emission 
reports, but will not be used to determine compliance with the 
NOX emission standards. A new 30-day rolling average emission 
rate is calculated each steam generating unit operating day as the 
average of all of the hourly NOX emission data for the 
preceding 30 steam generating unit operating days.
    (5) If the owner or operator of an affected facility that combusts 
residual oil does not sample and analyze the residual oil for nitrogen 
content, as specified in Sec. 60.49b(e), the requirements of Sec. 
60.48b(g)(1) apply and the provisions of Sec. 60.48b(g)(2) are 
inapplicable.
    (f) To determine compliance with the emissions limits for 
NOX required by Sec. 60.44b(a)(4) or Sec. 60.44b(l) for 
duct burners used in combined cycle systems, either of the procedures 
described in paragraph (f)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected facility shall conduct the 
performance test required under Sec. 60.8 as follows:
    (i) The emissions rate (E) of NOX shall be computed using 
Equation 1 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.031

Where:

E = Emissions rate of NOX from the duct burner, ng/J (lb/
          MMBtu) heat input;
Esg = Combined effluent emissions rate, in ng/J (lb/MMBtu) 
          heat input using appropriate F factor as described in Method 
          19 of appendix A of this part;
Hg = Heat input rate to the combustion turbine, in J/hr 
          (MMBtu/hr);
Hb = Heat input rate to the duct burner, in J/hr (MMBtu/hr); 
          and
Eg = Emissions rate from the combustion turbine, in ng/J (lb/
          MMBtu) heat input calculated using appropriate F factor as 
          described in Method 19 of appendix A of this part.

    (ii) Method 7E of appendix A of this part shall be used to determine 
the NOX concentrations. Method 3A or 3B of appendix A of this 
part shall be used to determine O2 concentration.
    (iii) The owner or operator shall identify and demonstrate to the 
Administrator's satisfaction suitable methods to determine the average 
hourly heat input rate to the combustion turbine and the average hourly 
heat input rate to the affected duct burner.
    (iv) Compliance with the emissions limits under Sec. 60.44b(a)(4) 
or Sec. 60.44b(l) is determined by the three-run average (nominal 1-
hour runs) for the initial and subsequent performance tests; or
    (2) The owner or operator of an affected facility may elect to 
determine compliance on a 30-day rolling average basis by using the CEMS 
specified under Sec. 60.48b for measuring NOX and 
O2 and meet the requirements of Sec. 60.48b. The sampling 
site shall be located at the outlet from the steam generating unit. The 
NOX emissions rate at the outlet from the steam generating 
unit shall constitute the NOX emissions rate from the duct 
burner of the combined cycle system.
    (g) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) shall demonstrate the maximum heat input 
capacity of the steam generating unit by operating the facility at 
maximum capacity for 24 hours. The owner or operator of an affected 
facility shall determine the maximum heat input capacity using the heat 
loss method described in sections 5 and 7.3 of the ASME Power Test Codes 
4.1 (incorporated by reference, see Sec. 60.17). This demonstration of 
maximum heat input capacity shall be made during the initial performance 
test for affected facilities that meet the criteria of Sec. 60.44b(j). 
It shall be made within 60 days after achieving the maximum production 
rate at which the affected facility will be operated, but not later than 
180 days after initial start-up of each facility, for affected 
facilities meeting the criteria of Sec. 60.44b(k). Subsequent 
demonstrations may be required by the Administrator at any

[[Page 177]]

other time. If this demonstration indicates that the maximum heat input 
capacity of the affected facility is less than that stated by the 
manufacturer of the affected facility, the maximum heat input capacity 
determined during this demonstration shall be used to determine the 
capacity utilization rate for the affected facility. Otherwise, the 
maximum heat input capacity provided by the manufacturer is used.
    (h) The owner or operator of an affected facility described in Sec. 
60.44b(j) that has a heat input capacity greater than 73 MW (250 MMBtu/
hr) shall:
    (1) Conduct an initial performance test as required under Sec. 60.8 
over a minimum of 24 consecutive steam generating unit operating hours 
at maximum heat input capacity to demonstrate compliance with the 
NOX emission standards under Sec. 60.44b using Method 7, 7A, 
7E of appendix A of this part, or other approved reference methods; and
    (2) Conduct subsequent performance tests once per calendar year or 
every 400 hours of operation (whichever comes first) to demonstrate 
compliance with the NOX emission standards under Sec. 60.44b 
over a minimum of 3 consecutive steam generating unit operating hours at 
maximum heat input capacity using Method 7, 7A, 7E of appendix A of this 
part, or other approved reference methods.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance under paragraph Sec. 60.43b(h)(5) shall follow 
the applicable procedures under Sec. 60.49b(r).
    (j) In place of PM testing with EPA Reference Method 5, 5B, or 17 of 
appendix A of this part, an owner or operator may elect to install, 
calibrate, maintain, and operate a CEMS for monitoring PM emissions 
discharged to the atmosphere and record the output of the system. The 
owner or operator of an affected facility who elects to continuously 
monitor PM emissions instead of conducting performance testing using EPA 
Method 5, 5B, or 17 of appendix A of this part shall comply with the 
requirements specified in paragraphs (j)(1) through (j)(13) of this 
section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the CEMS 
if the owner or operator was previously determining compliance by Method 
5, 5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec. 60.8 
of subpart A of this part. Compliance with the PM emission limit shall 
be determined by using the CEMS specified in paragraph (j) of this 
section to measure PM and calculating a 24-hour block arithmetic average 
emission concentration using EPA Reference Method 19 of appendix A of 
this part, section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraphs (j)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (j)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec. 60.13(e)(2) of 
subpart A of this part.

[[Page 178]]

    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (j)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30-to 60-minute period) by both the continuous emission 
monitors and the test methods specified in paragraphs (j)(7)(i) of this 
section.
    (i) For PM, EPA Reference Method 5, 5B, or 17 of appendix A of this 
part shall be used.
    (ii) For O2 (or CO2), EPA reference Method 3, 
3A, or 3B of appendix A of this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours per 30-day rolling 
average.



Sec. 60.47b  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (b), (f), and (h) of this 
section, the owner or operator of an affected facility subject to the 
SO2 standards under Sec. 60.42b shall install, calibrate, 
maintain, and operate CEMS for measuring SO2 concentrations 
and either O2 or CO2 concentrations and shall 
record the output of the systems. For units complying with the percent 
reduction standard, the SO2 and either O2 or 
CO2 concentrations shall both be monitored at the inlet and 
outlet of the SO2 control device. If the owner or operator 
has installed and certified SO2 and O2 or 
CO2 CEMS according to the requirements of Sec. 75.20(c)(1) 
of this chapter and appendix A to part 75 of this chapter, and is 
continuing to meet the ongoing quality assurance requirements of Sec. 
75.21 of this chapter and appendix B to part 75 of this chapter, those 
CEMS may be used to meet the requirements of this section, provided 
that:
    (1) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (2) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (3) The reporting requirements of Sec. 60.49b are met. 
SO2 and CO2 (or O2) data used to meet 
the requirements of Sec. 60.49b shall not include substitute data 
values derived from the missing data procedures in subpart D of part 75 
of this chapter, nor shall the SO2 data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (b) As an alternative to operating CEMS as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emissions and percent reduction by:
    (1) Collecting coal or oil samples in an as-fired condition at the 
inlet to the steam generating unit and analyzing them for sulfur and 
heat content according to Method 19 of appendix A of this part. Method 
19 of appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate, or
    (2) Measuring SO2 according to Method 6B of appendix A of 
this part at the inlet or outlet to the SO2 control system. 
An initial stratification test is required to verify the adequacy of the 
Method 6B of appendix A of this part sampling location. The 
stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement

[[Page 179]]

train operated at the candidate location and a second similar train 
operated according to the procedures in section 3.2 and the applicable 
procedures in section 7 of Performance Specification 2. Method 6B of 
appendix A of this part, Method 6A of appendix A of this part, or a 
combination of Methods 6 and 3 or 3B of appendix A of this part or 
Methods 6C and 3A of appendix A of this part are suitable measurement 
techniques. If Method 6B of appendix A of this part is used for the 
second train, sampling time and timer operation may be adjusted for the 
stratification test as long as an adequate sample volume is collected; 
however, both sampling trains are to be operated similarly. For the 
location to be adequate for Method 6B of appendix A of this part 24-hour 
tests, the mean of the absolute difference between the three paired runs 
must be less than 10 percent.
    (3) A daily SO2 emission rate, ED, shall be 
determined using the procedure described in Method 6A of appendix A of 
this part, section 7.6.2 (Equation 6A-8) and stated in ng/J (lb/MMBtu) 
heat input.
    (4) The mean 30-day emission rate is calculated using the daily 
measured values in ng/J (lb/MMBtu) for 30 successive steam generating 
unit operating days using equation 19-20 of Method 19 of appendix A of 
this part.
    (c) The owner or operator of an affected facility shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive boiler operating days. If this minimum data 
requirement is not met with a single monitoring system, the owner or 
operator of the affected facility shall supplement the emission data 
with data collected with other monitoring systems as approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (b) of this section.
    (d) The 1-hour average SO2 emission rates measured by the 
CEMS required by paragraph (a) of this section and required under Sec. 
60.13(h) is expressed in ng/J or lb/MMBtu heat input and is used to 
calculate the average emission rates under Sec. 60.42(b). Each 1-hour 
average SO2 emission rate must be based on 30 or more minutes 
of steam generating unit operation. The hourly averages shall be 
calculated according to Sec. 60.13(h)(2). Hourly SO2 
emission rates are not calculated if the affected facility is operated 
less than 30 minutes in a given clock hour and are not counted toward 
determination of a steam generating unit operating day.
    (e) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (1) Except as provided for in paragraph (e)(4) of this section, all 
CEMS shall be operated in accordance with the applicable procedures 
under Performance Specifications 1, 2, and 3 of appendix B of this part.
    (2) Except as provided for in paragraph (e)(4) of this section, 
quarterly accuracy determinations and daily calibration drift tests 
shall be performed in accordance with Procedure 1 of appendix F of this 
part.
    (3) For affected facilities combusting coal or oil, alone or in 
combination with other fuels, the span value of the SO2 CEMS 
at the inlet to the SO2 control device is 125 percent of the 
maximum estimated hourly potential SO2 emissions of the fuel 
combusted, and the span value of the CEMS at the outlet to the 
SO2 control device is 50 percent of the maximum estimated 
hourly potential SO2 emissions of the fuel combusted. 
Alternatively, SO2 span values determined according to 
section 2.1.1 in appendix A to part 75 of this chapter may be used.
    (4) As an alternative to meeting the requirements of requirements of 
paragraphs (e)(1) and (e)(2) of this section, the owner or operator may 
elect to implement the following alternative data accuracy assessment 
procedures:
    (i) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values less 
than 100 ppm, the daily calibration error test and calibration 
adjustment procedures described in sections 2.1.1 and 2.1.3 of appendix 
B to part 75 of this chapter may be followed instead of the CD 
assessment procedures in Procedure 1, section 4.1 of appendix F to this 
part. If this option is selected, the data validation and out-of-control 
provisions in sections 2.1.4 and 2.1.5 of appendix B to part 75 of this 
chapter shall be followed instead of the excessive CD and out-of-

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control criteria in Procedure 1, section 4.3 of appendix F to this part. 
For the purposes of data validation under this subpart, the excessive CD 
and out-of-control criteria in Procedure 1, section 4.3 of appendix F to 
this part shall apply to SO2 and NOX span values 
less than 100 ppm;
    (ii) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values greater 
than 30 ppm, quarterly linearity checks may be performed in accordance 
with section 2.2.1 of appendix B to part 75 of this chapter, instead of 
performing the cylinder gas audits (CGAs) described in Procedure 1, 
section 5.1.2 of appendix F to this part. If this option is selected: 
The frequency of the linearity checks shall be as specified in section 
2.2.1 of appendix B to part 75 of this chapter; the applicable linearity 
specifications in section 3.2 of appendix A to part 75 of this chapter 
shall be met; the data validation and out-of-control criteria in section 
2.2.3 of appendix B to part 75 of this chapter shall be followed instead 
of the excessive audit inaccuracy and out-of-control criteria in 
Procedure 1, section 5.2 of appendix F to this part; and the grace 
period provisions in section 2.2.4 of appendix B to part 75 of this 
chapter shall apply. For the purposes of data validation under this 
subpart, the cylinder gas audits described in Procedure 1, section 5.1.2 
of appendix F to this part shall be performed for SO2 and 
NOX span values less than or equal to 30 ppm; and
    (iii) For SO2, CO2, and O2 
monitoring systems and for NOX emission rate monitoring 
systems, RATAs may be performed in accordance with section 2.3 of 
appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu.
    (f) The owner or operator of an affected facility that combusts very 
low sulfur oil or is demonstrating compliance under Sec. 60.45b(k) is 
not subject to the emission monitoring requirements under paragraph (a) 
of this section if the owner or operator maintains fuel records as 
described in Sec. 60.49b(r).



Sec. 60.48b  Emission monitoring for particulate matter and nitrogen

oxides.

    (a) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility subject to the opacity standard 
under Sec. 60.43b shall install, calibrate, maintain, and operate a 
CEMS for measuring the opacity of emissions discharged to the atmosphere 
and record the output of the system.
    (b) Except as provided under paragraphs (g), (h), and (i) of this 
section, the owner or operator of an affected facility subject to a 
NOX standard under Sec. 60.44b shall comply with either 
paragraphs (b)(1) or (b)(2) of this section.
    (1) Install, calibrate, maintain, and operate CEMS for measuring 
NOX and O2 (or CO2) emissions 
discharged to the atmosphere, and shall record the output of the system; 
or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used to meet the requirements of this section, except 
that the owner or operator shall also meet the requirements of Sec. 
60.49b. Data reported to meet the requirements of Sec. 60.49b shall not 
include data substituted using the missing data procedures in subpart D 
of part 75 of this chapter, nor shall the data have

[[Page 181]]

been bias adjusted according to the procedures of part 75 of this 
chapter.
    (c) The CEMS required under paragraph (b) of this section shall be 
operated and data recorded during all periods of operation of the 
affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (d) The 1-hour average NOX emission rates measured by the 
continuous NOX monitor required by paragraph (b) of this 
section and required under Sec. 60.13(h) shall be expressed in ng/J or 
lb/MMBtu heat input and shall be used to calculate the average emission 
rates under Sec. 60.44b. The 1-hour averages shall be calculated using 
the data points required under Sec. 60.13(h)(2).
    (e) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems.
    (1) For affected facilities combusting coal, wood or municipal-type 
solid waste, the span value for a continuous monitoring system for 
measuring opacity shall be between 60 and 80 percent.
    (2) For affected facilities combusting coal, oil, or natural gas, 
the span value for NOX is determined using one of the 
following procedures:
    (i) Except as provided under paragraph (e)(2)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
                Fuel                      Span values for NOX  (ppm)
------------------------------------------------------------------------
Natural gas.........................  500.
Oil.................................  500.
Coal................................  1,000.
Mixtures............................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from natural gas;
y = Fraction of total heat input derived from oil; and
z = Fraction of total heat input derived from coal.

    (ii) As an alternative to meeting the requirements of paragraph 
(e)(2)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (3) All span values computed under paragraph (e)(2)(i) of this 
section for combusting mixtures of regulated fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (e)(2)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (f) When NOX emission data are not obtained because of 
CEMS breakdowns, repairs, calibration checks and zero and span 
adjustments, emission data will be obtained by using standby monitoring 
systems, Method 7 of appendix A of this part, Method 7A of appendix A of 
this part, or other approved reference methods to provide emission data 
for a minimum of 75 percent of the operating hours in each steam 
generating unit operating day, in at least 22 out of 30 successive steam 
generating unit operating days.
    (g) The owner or operator of an affected facility that has a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, and that has an annual 
capacity factor for residual oil having a nitrogen content of 0.30 
weight percent or less, natural gas, distillate oil, or any mixture of 
these fuels, greater than 10 percent (0.10) shall:
    (1) Comply with the provisions of paragraphs (b), (c), (d), (e)(2), 
(e)(3), and (f) of this section; or
    (2) Monitor steam generating unit operating conditions and predict 
NOX emission rates as specified in a plan submitted pursuant 
to Sec. 60.49b(c).
    (h) The owner or operator of a duct burner, as described in Sec. 
60.41b, that is subject to the NOX standards of Sec. 
60.44b(a)(4) or Sec. 60.44b(l) is not required to install or operate a 
continuous emissions monitoring system to measure NOX 
emissions.
    (i) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) is not required to install or operate a 
CEMS for measuring NOX emissions.
    (j) The owner or operator of an affected facility that meets the 
conditions in either paragraph (j)(1), (2), (3), (4), or (5) of this 
section is not required to install or operate a COMS for measuring 
opacity if:
    (1) The affected facility uses a PM CEMS to monitor PM emissions; or
    (2) The affected facility burns only liquid (excluding residual oil) 
or gaseous fuels with potential SO2 emissions

[[Page 182]]

rates of 26 ng/J (0.060 lb/MMBtu) or less and does not use a post-
combustion technology to reduce SO2 or PM emissions. The 
owner or operator must maintain fuel records of the sulfur content of 
the fuels burned, as described under Sec. 60.49b(r); or
    (3) The affected facility burns coke oven gas alone or in 
combination with fuels meeting the criteria in paragraph (j)(2) of this 
section and does not use a post-combustion technology to reduce 
SO2 or PM emissions; or
    (4) The affected facility does not use post-combustion technology 
(except a wet scrubber) for reducing PM, SO2, or carbon 
monoxide (CO) emissions, burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur, and is 
operated such that emissions of CO to the atmosphere from the affected 
facility are maintained at levels less than or equal to 0.15 lb/MMBtu on 
a steam generating unit operating day average basis. Owners and 
operators of affected facilities electing to comply with this paragraph 
must demonstrate compliance according to the procedures specified in 
paragraphs (j)(4)(i) through (iv) of this section.
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (j)(4)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. At least two data points per hour must be used to 
calculate each 1-hour average.
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (j)(4) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (5) The affected facility burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur and operates 
according to a written site-specific monitoring plan approved by the 
appropriate delegated permitting authority. This monitoring plan must 
include procedures and criteria for establishing and monitoring specific 
parameters for the affected facility indicative of compliance with the 
opacity standard.
    (k) Owners or operators complying with the PM emission limit by 
using a PM CEMS monitor instead of monitoring opacity must calibrate, 
maintain, and operate a CEMS, and record the output of the system, for 
PM emissions discharged to the atmosphere as

[[Page 183]]

specified in Sec. 60.46b(j). The CEMS specified in paragraph Sec. 
60.46b(j) shall be operated and data recorded during all periods of 
operation of the affected facility except for CEMS breakdowns and 
repairs. Data is recorded during calibration checks, and zero and span 
adjustments.



Sec. 60.49b  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of initial startup, as provided by Sec. 60.7. 
This notification shall include:
    (1) The design heat input capacity of the affected facility and 
identification of the fuels to be combusted in the affected facility;
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec. Sec. 60.42b(d)(1), 60.43b(a)(2), (a)(3)(iii), (c)(2)(ii), 
(d)(2)(iii), 60.44b(c), (d), (e), (i), (j), (k), 60.45b(d), (g), 
60.46b(h), or 60.48b(i);
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the facility based on all fuels fired and based on 
each individual fuel fired; and
    (4) Notification that an emerging technology will be used for 
controlling emissions of SO2. The Administrator will examine 
the description of the emerging technology and will determine whether 
the technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec. 60.42b(a) unless and until this determination is made by the 
Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2, PM, and/or NOX emission limits under 
Sec. Sec. 60.42b, 60.43b, and 60.44b shall submit to the Administrator 
the performance test data from the initial performance test and the 
performance evaluation of the CEMS using the applicable performance 
specifications in appendix B of this part. The owner or operator of each 
affected facility described in Sec. 60.44b(j) or Sec. 60.44b(k) shall 
submit to the Administrator the maximum heat input capacity data from 
the demonstration of the maximum heat input capacity of the affected 
facility.
    (c) The owner or operator of each affected facility subject to the 
NOX standard of Sec. 60.44b who seeks to demonstrate 
compliance with those standards through the monitoring of steam 
generating unit operating conditions under the provisions of Sec. 
60.48b(g)(2) shall submit to the Administrator for approval a plan that 
identifies the operating conditions to be monitored under Sec. 
60.48b(g)(2) and the records to be maintained under Sec. 60.49b(j). 
This plan shall be submitted to the Administrator for approval within 
360 days of the initial startup of the affected facility. If the plan is 
approved, the owner or operator shall maintain records of predicted 
nitrogen oxide emission rates and the monitored operating conditions, 
including steam generating unit load, identified in the plan. The plan 
shall:
    (1) Identify the specific operating conditions to be monitored and 
the relationship between these operating conditions and NOX 
emission rates (i.e., ng/J or lbs/MMBtu heat input). Steam generating 
unit operating conditions include, but are not limited to, the degree of 
staged combustion (i.e., the ratio of primary air to secondary and/or 
tertiary air) and the level of excess air (i.e., flue gas O2 
level);
    (2) Include the data and information that the owner or operator used 
to identify the relationship between NOX emission rates and 
these operating conditions; and
    (3) Identify how these operating conditions, including steam 
generating unit load, will be monitored under Sec. 60.48b(g) on an 
hourly basis by the owner or operator during the period of operation of 
the affected facility; the quality assurance procedures or practices 
that will be employed to ensure that the data generated by monitoring 
these operating conditions will be representative and accurate; and the 
type and format of the records of these operating conditions, including 
steam generating unit load, that will be maintained by the owner or 
operator under Sec. 60.49b(j).

[[Page 184]]

    (d) The owner or operator of an affected facility shall record and 
maintain records of the amounts of each fuel combusted during each day 
and calculate the annual capacity factor individually for coal, 
distillate oil, residual oil, natural gas, wood, and municipal-type 
solid waste for the reporting period. The annual capacity factor is 
determined on a 12-month rolling average basis with a new annual 
capacity factor calculated at the end of each calendar month.
    (e) For an affected facility that combusts residual oil and meets 
the criteria under Sec. Sec. 60.46b(e)(4), 60.44b(j), or (k), the owner 
or operator shall maintain records of the nitrogen content of the 
residual oil combusted in the affected facility and calculate the 
average fuel nitrogen content for the reporting period. The nitrogen 
content shall be determined using ASTM Method D4629 (incorporated by 
reference, see Sec. 60.17), or fuel suppliers. If residual oil blends 
are being combusted, fuel nitrogen specifications may be prorated based 
on the ratio of residual oils of different nitrogen content in the fuel 
blend.
    (f) For facilities subject to the opacity standard under Sec. 
60.43b, the owner or operator shall maintain records of opacity.
    (g) Except as provided under paragraph (p) of this section, the 
owner or operator of an affected facility subject to the NOX 
standards under Sec. 60.44b shall maintain records of the following 
information for each steam generating unit operating day:
    (1) Calendar date;
    (2) The average hourly NOX emission rates (expressed as 
NO2) (ng/J or lb/MMBtu heat input) measured or predicted;
    (3) The 30-day average NOX emission rates (ng/J or lb/
MMBtu heat input) calculated at the end of each steam generating unit 
operating day from the measured or predicted hourly nitrogen oxide 
emission rates for the preceding 30 steam generating unit operating 
days;
    (4) Identification of the steam generating unit operating days when 
the calculated 30-day average NOX emission rates are in 
excess of the NOX emissions standards under Sec. 60.44b, 
with the reasons for such excess emissions as well as a description of 
corrective actions taken;
    (5) Identification of the steam generating unit operating days for 
which pollutant data have not been obtained, including reasons for not 
obtaining sufficient data and a description of corrective actions taken;
    (6) Identification of the times when emission data have been 
excluded from the calculation of average emission rates and the reasons 
for excluding data;
    (7) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part.
    (h) The owner or operator of any affected facility in any category 
listed in paragraphs (h)(1) or (2) of this section is required to submit 
excess emission reports for any excess emissions that occurred during 
the reporting period.
    (1) Any affected facility subject to the opacity standards under 
Sec. 60.43b(e) or to the operating parameter monitoring requirements 
under Sec. 60.13(i)(1).
    (2) Any affected facility that is subject to the NOX 
standard of Sec. 60.44b, and that:
    (i) Combusts natural gas, distillate oil, or residual oil with a 
nitrogen content of 0.3 weight percent or less; or
    (ii) Has a heat input capacity of 73 MW (250 MMBtu/hr) or less and 
is required to monitor NOX emissions on a continuous basis 
under Sec. 60.48b(g)(1) or steam generating unit operating conditions 
under Sec. 60.48b(g)(2).
    (3) For the purpose of Sec. 60.43b, excess emissions are defined as 
all 6-minute periods during which the average opacity exceeds the 
opacity standards under Sec. 60.43b(f).
    (4) For purposes of Sec. 60.48b(g)(1), excess emissions are defined 
as any calculated 30-day rolling average NOX emission rate, 
as determined under

[[Page 185]]

Sec. 60.46b(e), that exceeds the applicable emission limits in Sec. 
60.44b.
    (i) The owner or operator of any affected facility subject to the 
continuous monitoring requirements for NOX under Sec. 
60.48(b) shall submit reports containing the information recorded under 
paragraph (g) of this section.
    (j) The owner or operator of any affected facility subject to the 
SO2 standards under Sec. 60.42b shall submit reports.
    (k) For each affected facility subject to the compliance and 
performance testing requirements of Sec. 60.45b and the reporting 
requirement in paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates covered in the reporting period;
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu heat input) measured during the reporting period, ending with the 
last 30-day period; reasons for noncompliance with the emission 
standards; and a description of corrective actions taken;
    (3) Each 30-day average percent reduction in SO2 
emissions calculated during the reporting period, ending with the last 
30-day period; reasons for noncompliance with the emission standards; 
and a description of corrective actions taken;
    (4) Identification of the steam generating unit operating days that 
coal or oil was combusted and for which SO2 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours in the 
steam generating unit operating day; justification for not obtaining 
sufficient data; and description of corrective action taken;
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during which coal or oil 
were not combusted in the steam generating unit;
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3;
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part; and
    (11) The annual capacity factor of each fired as provided under 
paragraph (d) of this section.
    (l) For each affected facility subject to the compliance and 
performance testing requirements of Sec. 60.45b(d) and the reporting 
requirements of paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates when the facility was in operation during the 
reporting period;
    (2) The 24-hour average SO2 emission rate measured for 
each steam generating unit operating day during the reporting period 
that coal or oil was combusted, ending in the last 24-hour period in the 
quarter; reasons for noncompliance with the emission standards; and a 
description of corrective actions taken;
    (3) Identification of the steam generating unit operating days that 
coal or oil was combusted for which S02 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours; 
justification for not obtaining sufficient data; and description of 
corrective action taken;
    (4) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during which coal or oil 
were not combusted in the steam generating unit;
    (5) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (6) Identification of times when hourly averages have been obtained 
based on manual sampling methods;

[[Page 186]]

    (7) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (8) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (9) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under Procedure 1 of appendix F 1 of this part. 
If the owner or operator elects to implement the alternative data 
assessment procedures described in Sec. Sec. 60.47b(e)(4)(i) through 
(e)(4)(iii), each data assessment report shall include a summary of the 
results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by Sec. Sec. 60.47b(e)(4)(i) 
through (e)(4)(iii).
    (m) For each affected facility subject to the SO2 
standards under Sec. 60.42(b) for which the minimum amount of data 
required under Sec. 60.47b(f) were not obtained during the reporting 
period, the following information is reported to the Administrator in 
addition to that required under paragraph (k) of this section:
    (1) The number of hourly averages available for outlet emission 
rates and inlet emission rates;
    (2) The standard deviation of hourly averages for outlet emission 
rates and inlet emission rates, as determined in Method 19 of appendix A 
of this part, section 7;
    (3) The lower confidence limit for the mean outlet emission rate and 
the upper confidence limit for the mean inlet emission rate, as 
calculated in Method 19 of appendix A of this part, section 7; and
    (4) The ratio of the lower confidence limit for the mean outlet 
emission rate and the allowable emission rate, as determined in Method 
19 of appendix A of this part, section 7.
    (n) If a percent removal efficiency by fuel pretreatment (i.e., 
%Rf) is used to determine the overall percent reduction 
(i.e., %Ro) under Sec. 60.45b, the owner or operator of the 
affected facility shall submit a signed statement with the report.
    (1) Indicating what removal efficiency by fuel pretreatment (i.e., 
%Rf) was credited during the reporting period;
    (2) Listing the quantity, heat content, and date each pre-treated 
fuel shipment was received during the reporting period, the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the reporting period;
    (3) Documenting the transport of the fuel from the fuel pretreatment 
facility to the steam generating unit; and
    (4) Including a signed statement from the owner or operator of the 
fuel pretreatment facility certifying that the percent removal 
efficiency achieved by fuel pretreatment was determined in accordance 
with the provisions of Method 19 of appendix A of this part and listing 
the heat content and sulfur content of each fuel before and after fuel 
pretreatment.
    (o) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of 2 years 
following the date of such record.
    (p) The owner or operator of an affected facility described in Sec. 
60.44b(j) or (k) shall maintain records of the following information for 
each steam generating unit operating day:
    (1) Calendar date;
    (2) The number of hours of operation; and
    (3) A record of the hourly steam load.
    (q) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) shall submit to the Administrator a report 
containing:
    (1) The annual capacity factor over the previous 12 months;
    (2) The average fuel nitrogen content during the reporting period, 
if residual oil was fired; and
    (3) If the affected facility meets the criteria described in Sec. 
60.44b(j), the results of any NOX emission tests required 
during the reporting period, the hours of operation during the reporting 
period, and the hours of operation since the last NOX 
emission test.
    (r) The owner or operator of an affected facility who elects to use 
the fuel based compliance alternatives in Sec. 60.42b or Sec. 60.43b 
shall either:
    (1) The owner or operator of an affected facility who elects to 
demonstrate that the affected facility combusts only very low sulfur oil 
under

[[Page 187]]

Sec. 60.42b(j)(2) or Sec. 60.42b(k)(2) shall obtain and maintain at 
the affected facility fuel receipts from the fuel supplier that certify 
that the oil meets the definition of distillate oil as defined in Sec. 
60.41b and the applicable sulfur limit. For the purposes of this 
section, the distillate oil need not meet the fuel nitrogen content 
specification in the definition of distillate oil. Reports shall be 
submitted to the Administrator certifying that only very low sulfur oil 
meeting this definition and/or pipeline quality natural gas was 
combusted in the affected facility during the reporting period; or
    (2) The owner or operator of an affected facility who elects to 
demonstrate compliance based on fuel analysis in Sec. 60.42b or Sec. 
60.43b shall develop and submit a site-specific fuel analysis plan to 
the Administrator for review and approval no later than 60 days before 
the date you intend to demonstrate compliance. Each fuel analysis plan 
shall include a minimum initial requirement of weekly testing and each 
analysis report shall contain, at a minimum, the following information:
    (i) The potential sulfur emissions rate of the representative fuel 
mixture in ng/J heat input;
    (ii) The method used to determine the potential sulfur emissions 
rate of each constituent of the mixture. For distillate oil and natural 
gas a fuel receipt or tariff sheet is acceptable;
    (iii) The ratio of different fuels in the mixture; and
    (iv) The owner or operator can petition the Administrator to approve 
monthly or quarterly sampling in place of weekly sampling.
    (s) Facility specific NOX standard for Cytec Industries 
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
    (1) Definitions.
    Oxidation zone is defined as the portion of the C.AOG incinerator 
that extends from the inlet of the oxidizing zone combustion air to the 
outlet gas stack.
    Reducing zone is defined as the portion of the C.AOG incinerator 
that extends from the burner section to the inlet of the oxidizing zone 
combustion air.
    Total inlet air is defined as the total amount of air introduced 
into the C.AOG incinerator for combustion of natural gas and chemical 
by-product waste and is equal to the sum of the air flow into the 
reducing zone and the air flow into the oxidation zone.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When natural gas and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 289 ng/J 
(0.67 lb/MMBtu) and a maximum of 81 percent of the total inlet air 
provided for combustion shall be provided to the reducing zone of the 
C.AOG incinerator.
    (3) Emission monitoring. (i) The percent of total inlet air provided 
to the reducing zone shall be determined at least every 15 minutes by 
measuring the air flow of all the air entering the reducing zone and the 
air flow of all the air entering the oxidation zone, and compliance with 
the percentage of total inlet air that is provided to the reducing zone 
shall be determined on a 3-hour average basis.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec. 60.46b(i).
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of the C.AOG incinerator shall submit a report on any 
excursions from the limits required by paragraph (a)(2) of this section 
to the Administrator with the quarterly report required by paragraph (i) 
of this section.
    (ii) The owner or operator of the C.AOG incinerator shall keep 
records of the monitoring required by paragraph (a)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner of operator of the C.AOG incinerator shall perform 
all the applicable reporting and recordkeeping requirements of this 
section.
    (t) Facility-specific NOX standard for Rohm and Haas 
Kentucky Incorporated's Boiler No. 100 located in Louisville, Kentucky:

[[Page 188]]

    (1) Definitions.
    Air ratio control damper is defined as the part of the low 
NOX burner that is adjusted to control the split of total 
combustion air delivered to the reducing and oxidation portions of the 
combustion flame.
    Flue gas recirculation line is defined as the part of Boiler No. 100 
that recirculates a portion of the boiler flue gas back into the 
combustion air.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 473 ng/J 
(1.1 lb/MMBtu), and the air ratio control damper tee handle shall be at 
a minimum of 5 inches (12.7 centimeters) out of the boiler, and the flue 
gas recirculation line shall be operated at a minimum of 10 percent open 
as indicated by its valve opening position indicator.
    (3) Emission monitoring for nitrogen oxides. (i) The air ratio 
control damper tee handle setting and the flue gas recirculation line 
valve opening position indicator setting shall be recorded during each 
8-hour operating shift.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec. 60.46b.
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of Boiler No. 100 shall submit a report on any excursions from 
the limits required by paragraph (b)(2) of this section to the 
Administrator with the quarterly report required by Sec. 60.49b(i).
    (ii) The owner or operator of Boiler No. 100 shall keep records of 
the monitoring required by paragraph (b)(3) of this section for a period 
of 2 years following the date of such record.
    (iii) The owner of operator of Boiler No. 100 shall perform all the 
applicable reporting and recordkeeping requirements of Sec. 60.49b.
    (u) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph (u) applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'') and only to the natural gas-fired boilers installed as part 
of the powerhouse conversion required pursuant to 40 CFR 52.2454(g). The 
requirements of this paragraph shall apply, and the requirements of 
Sec. Sec. 60.40b through 60.49b(t) shall not apply, to the natural gas-
fired boilers installed pursuant to 40 CFR 52.2454(g).
    (i) The site shall equip the natural gas-fired boilers with low 
NOX technology.
    (ii) The site shall install, calibrate, maintain, and operate a 
continuous monitoring and recording system for measuring NOX 
emissions discharged to the atmosphere and opacity using a continuous 
emissions monitoring system or a predictive emissions monitoring system.
    (iii) Within 180 days of the completion of the powerhouse 
conversion, as required by 40 CFR 52.2454, the site shall perform a 
performance test to quantify criteria pollutant emissions.
    (2) [Reserved]
    (v) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity in lieu of submitting the written reports required under 
paragraphs (h), (i), (j), (k) or (l) of this section. The format of each 
quarterly electronic report shall be coordinated with the permitting 
authority. The electronic report(s) shall be submitted no later than 30 
days after the end of the calendar quarter and shall be accompanied by a 
certification statement from the owner or operator, indicating whether 
compliance with the applicable emission standards and minimum data 
requirements of this subpart was achieved during the reporting period. 
Before submitting reports in the electronic format, the owner or 
operator shall coordinate with the permitting authority to obtain their 
agreement to submit reports in this alternative format.
    (w) The reporting period for the reports required under this subpart 
is each 6 month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day

[[Page 189]]

following the end of the reporting period.
    (x) Facility-specific NOX standard for Weyerhaeuser 
Company's No. 2 Power Boiler located in New Bern, North Carolina:
    (1) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 215 ng/J 
(0.5 lb/MMBtu).
    (2) Emission monitoring for nitrogen oxides. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec. 60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec. 60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the No. 2 Power Boiler shall submit a report on any 
excursions from the limits required by paragraph (x)(2) of this section 
to the Administrator with the quarterly report required by Sec. 
60.49b(i).
    (ii) The owner or operator of the No. 2 Power Boiler shall keep 
records of the monitoring required by paragraph (x)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner or operator of the No. 2 Power Boiler shall perform 
all the applicable reporting and recordkeeping requirements of Sec. 
60.49b.
    (y) Facility-specific NOX standard for INEOS USA's AOGI 
located in Lima, Ohio:
    (1) Standard for NOX. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct/waste are 
simultaneously combusted, the NOX emission limit is 645 ng/J 
(1.5 lb/MMBtu).
    (2) Emission monitoring for NOX. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec. 60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec. 60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the AOGI shall submit a report on any excursions from the 
limits required by paragraph (y)(2) of this section to the Administrator 
with the quarterly report required by paragraph (i) of this section.
    (ii) The owner or operator of the AOGI shall keep records of the 
monitoring required by paragraph (y)(3) of this section for a period of 
2 years following the date of such record.
    (iii) The owner or operator of the AOGI shall perform all the 
applicable reporting and recordkeeping requirements of this section.



  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32759, June 13, 2007, unless otherwise noted.



Sec. 60.40c  Applicability and delegation of authority.

    (a) Except as provided in paragraph (d) of this section, the 
affected facility to which this subpart applies is each steam generating 
unit for which construction, modification, or reconstruction is 
commenced after June 9, 1989 and that has a maximum design heat input 
capacity of 29 megawatts (MW) (100 million British thermal units per 
hour (MMBtu/hr)) or less, but greater than or equal to 2.9 MW (10 MMBtu/
hr).
    (b) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, Sec. 60.48c(a)(4) 
shall be retained by the Administrator and not transferred to a State.
    (c) Steam generating units that meet the applicability requirements 
in paragraph (a) of this section are not subject to the sulfur dioxide 
(SO2) or particulate matter (PM) emission limits, performance 
testing requirements, or monitoring requirements under this subpart 
(Sec. Sec. 60.42c, 60.43c, 60.44c, 60.45c, 60.46c, or 60.47c) during 
periods of combustion research, as defined in Sec. 60.41c.
    (d) Any temporary change to an existing steam generating unit for 
the purpose of conducting combustion research is not considered a 
modification under Sec. 60.14.

[[Page 190]]

    (e) Heat recovery steam generators that are associated with combined 
cycle gas turbines and meet the applicability requirements of subpart GG 
or KKKK of this part are not subject to this subpart. This subpart will 
continue to apply to all other heat recovery steam generators that are 
capable of combusting more than or equal to 2.9 MW (10 MMBtu/hr) heat 
input of fossil fuel but less than or equal to 29 MW (100 MMBtu/hr) heat 
input of fossil fuel. If the heat recovery steam generator is subject to 
this subpart, only emissions resulting from combustion of fuels in the 
steam generating unit are subject to this subpart. (The gas turbine 
emissions are subject to subpart GG or KKKK, as applicable, of this 
part).
    (f) Any facility covered by subpart AAAA of this part is not covered 
by this subpart.
    (g) Any facility covered by an EPA approved State or Federal section 
111(d)/129 plan implementing subpart BBBB of this part is not covered by 
this subpart.



Sec. 60.41c  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from an individual fuel or combination of 
fuels during a period of 12 consecutive calendar months and the 
potential heat input to the steam generating unit from all fuels had the 
steam generating unit been operated for 8,760 hours during that 12-month 
period at the maximum design heat input capacity. In the case of steam 
generating units that are rented or leased, the actual heat input shall 
be determined based on the combined heat input from all operations of 
the affected facility during a period of 12 consecutive calendar months.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec. 60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels derived 
from coal for the purposes of creating useful heat, including but not 
limited to solvent refined coal, gasified coal, coal-oil mixtures, and 
coal-water mixtures, are also included in this definition for the 
purposes of this subpart.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (kJ/kg) (6,000 
Btu per pound (Btu/lb) on a dry basis.
    Cogeneration steam generating unit means a steam generating unit 
that simultaneously produces both electrical (or mechanical) and thermal 
energy from the same primary energy source.
    Combined cycle system means a system in which a separate source 
(such as a stationary gas turbine, internal combustion engine, or kiln) 
provides exhaust gas to a steam generating unit.
    Combustion research means the experimental firing of any fuel or 
combination of fuels in a steam generating unit for the purpose of 
conducting research and development of more efficient combustion or more 
effective prevention or control of air pollutant emissions from 
combustion, provided that, during these periods of research and 
development, the heat generated is not used for any purpose other than 
preheating combustion air for use by that steam generating unit (i.e., 
the heat generated is released to the atmosphere without being used for 
space heating, process heating, driving pumps, preheating combustion air 
for other units, generating electricity, or any other purpose).
    Conventional technology means wet flue gas desulfurization 
technology, dry flue gas desulfurization technology, atmospheric 
fluidized bed combustion technology, and oil hydrodesulfurization 
technology.
    Distillate oil means fuel oil that complies with the specifications 
for fuel oil numbers 1 or 2, as defined by the American Society for 
Testing and Materials in ASTM D396 (incorporated by reference, see Sec. 
60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the

[[Page 191]]

combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline reagent and water, whether introduced 
separately or as a premixed slurry or solution and forming a dry powder 
material. This definition includes devices where the dry powder material 
is subsequently converted to another form. Alkaline reagents used in dry 
flue gas desulfurization systems include, but are not limited to, lime 
and sodium compounds.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source (such as a stationary gas turbine, 
internal combustion engine, kiln, etc.) to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the affected facility has received 
approval from the Administrator to operate as an emerging technology 
under Sec. 60.48c(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means a device wherein fuel is 
distributed onto a bed (or series of beds) of limestone aggregate (or 
other sorbent materials) for combustion; and these materials are forced 
upward in the device by the flow of combustion air and the gaseous 
products of combustion. Fluidized bed combustion technology includes, 
but is not limited to, bubbling bed units and circulating bed units.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources (such as stationary gas turbines, internal combustion engines, 
and kilns).
    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    Maximum design heat input capacity means the ability of a steam 
generating unit to combust a stated maximum amount of fuel (or 
combination of fuels) on a steady state basis as determined by the 
physical design and characteristics of the steam generating unit.
    Natural gas means: (1) A naturally occurring mixture of hydrocarbon 
and nonhydrocarbon gases found in geologic formations beneath the 
earth's surface, of which the principal constituent is methane; or (2) 
liquefied petroleum (LP) gas, as defined by the American Society for 
Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec. 60.17).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Oil means crude oil or petroleum, or a liquid fuel derived from 
crude oil or petroleum, including distillate oil and residual oil.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Residual oil means crude oil, fuel oil that does not comply with the 
specifications under the definition of distillate oil, and all fuel oil 
numbers 4, 5, and 6, as defined by the American Society for Testing and 
Materials in ASTM D396 (incorporated by reference, see Sec. 60.17).
    Steam generating unit means a device that combusts any fuel and 
produces steam or heats water or any other heat transfer medium. This 
term includes any duct burner that combusts fuel and is part of a 
combined cycle system.

[[Page 192]]

This term does not include process heaters as defined in this subpart.
    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Wet flue gas desulfurization technology means an SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline slurry or solution and forming a 
liquid material. This definition includes devices where the liquid 
material is subsequently converted to another form. Alkaline reagents 
used in wet flue gas desulfurization systems include, but are not 
limited to, lime, limestone, and sodium compounds.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including but not limited to sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.



Sec. 60.42c  Standard for sulfur dioxide (SO2).

    (a) Except as provided in paragraphs (b), (c), and (e) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility that combusts 
only coal shall neither: cause to be discharged into the atmosphere from 
the affected facility any gases that contain SO2 in excess of 
87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. 
If coal is combusted with other fuels, the affected facility shall 
neither: cause to be discharged into the atmosphere from the affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of the emission limit is determined 
pursuant to paragraph (e)(2) of this section.
    (b) Except as provided in paragraphs (c) and (e) of this section, on 
and after the date on which the performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
the owner or operator of an affected facility that:
    (1) Combusts only coal refuse alone in a fluidized bed combustion 
steam generating unit shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 20 percent (0.20) of the potential 
SO2 emission rate (80 percent reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. If coal 
is fired with coal refuse, the affected facility subject to paragraph 
(a) of this section. If oil or any other fuel (except coal) is fired 
with coal refuse, the affected facility is subject to the 87 ng/J (0.20 
lb/MMBtu) heat input SO2 emissions limit or the 90 percent 
SO2 reduction requirement specified in paragraph (a) of this 
section and the emission limit is determined pursuant to paragraph 
(e)(2) of this section.
    (2) Combusts only coal and that uses an emerging technology for the 
control of SO2 emissions shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 50 percent 
(0.50) of the potential SO2 emission rate (50 percent 
reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 260 ng/J 
(0.60 lb/MMBtu) heat input. If coal is combusted with other fuels, the 
affected facility is subject to the 50

[[Page 193]]

percent SO2 reduction requirement specified in this paragraph 
and the emission limit determined pursuant to paragraph (e)(2) of this 
section.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, alone or in combination with any other fuel, and is listed in 
paragraphs (c)(1), (2), (3), or (4) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the emission limit determined 
pursuant to paragraph (e)(2) of this section. Percent reduction 
requirements are not applicable to affected facilities under paragraphs 
(c)(1), (2), (3), or (4).
    (1) Affected facilities that have a heat input capacity of 22 MW (75 
MMBtu/hr) or less.
    (2) Affected facilities that have an annual capacity for coal of 55 
percent (0.55) or less and are subject to a federally enforceable 
requirement limiting operation of the affected facility to an annual 
capacity factor for coal of 55 percent (0.55) or less.
    (3) Affected facilities located in a noncontinental area.
    (4) Affected facilities that combust coal in a duct burner as part 
of a combined cycle system where 30 percent (0.30) or less of the heat 
entering the steam generating unit is from combustion of coal in the 
duct burner and 70 percent (0.70) or more of the heat entering the steam 
generating unit is from exhaust gases entering the duct burner.
    (d) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
oil shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 215 ng/J 
(0.50 lb/MMBtu) heat input; or, as an alternative, no owner or operator 
of an affected facility that combusts oil shall combust oil in the 
affected facility that contains greater than 0.5 weight percent sulfur. 
The percent reduction requirements are not applicable to affected 
facilities under this paragraph.
    (e) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, oil, or coal and oil with any other fuel shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the following:
    (1) The percent of potential SO2 emission rate or 
numerical SO2 emission rate required under paragraph (a) or 
(b)(2) of this section, as applicable, for any affected facility that
    (i) Combusts coal in combination with any other fuel;
    (ii) Has a heat input capacity greater than 22 MW (75 MMBtu/hr); and
    (iii) Has an annual capacity factor for coal greater than 55 percent 
(0.55); and
    (2) The emission limit determined according to the following formula 
for any affected facility that combusts coal, oil, or coal and oil with 
any other fuel:
[GRAPHIC] [TIFF OMITTED] TR13JN07.032

Where:

Es = SO2 emission limit, expressed in ng/J or lb/
          MMBtu heat input;
Ka = 520 ng/J (1.2 lb/MMBtu);
Kb = 260 ng/J (0.60 lb/MMBtu);
Kc = 215 ng/J (0.50 lb/MMBtu);
Ha = Heat input from the combustion of coal, except coal 
          combusted in an affected facility subject to paragraph (b)(2) 
          of this section, in Joules (J) [MMBtu];
Hb = Heat input from the combustion of coal in an affected 
          facility subject to paragraph (b)(2) of this section, in J 
          (MMBtu); and
Hc KaHb = Heat input from the 
          combustion of oil, in J (MMBtu).

    (f) Reduction in the potential SO2 emission rate through 
fuel pretreatment is not credited toward the percent reduction 
requirement under paragraph (b)(2) of this section unless:
    (1) Fuel pretreatment results in a 50 percent (0.50) or greater 
reduction in the potential SO2 emission rate; and

[[Page 194]]

    (2) Emissions from the pretreated fuel (without either combustion or 
post-combustion SO2 control) are equal to or less than the 
emission limits specified under paragraph (b)(2) of this section.
    (g) Except as provided in paragraph (h) of this section, compliance 
with the percent reduction requirements, fuel oil sulfur limits, and 
emission limits of this section shall be determined on a 30-day rolling 
average basis.
    (h) For affected facilities listed under paragraphs (h)(1), (2), or 
(3) of this section, compliance with the emission limits or fuel oil 
sulfur limits under this section may be determined based on a 
certification from the fuel supplier, as described under Sec. 
60.48c(f), as applicable.
    (1) Distillate oil-fired affected facilities with heat input 
capacities between 2.9 and 29 MW (10 and 100 MMBtu/hr).
    (2) Residual oil-fired affected facilities with heat input 
capacities between 2.9 and 8.7 MW (10 and 30 MMBtu/hr).
    (3) Coal-fired facilities with heat input capacities between 2.9 and 
8.7 MW (10 and 30 MMBtu/hr).
    (i) The SO2 emission limits, fuel oil sulfur limits, and 
percent reduction requirements under this section apply at all times, 
including periods of startup, shutdown, and malfunction.
    (j) Only the heat input supplied to the affected facility from the 
combustion of coal and oil is counted under this section. No credit is 
provided for the heat input to the affected facility from wood or other 
fuels or for heat derived from exhaust gases from other sources, such as 
stationary gas turbines, internal combustion engines, and kilns.



Sec. 60.43c  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or combusts mixtures of coal with other fuels 
and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or greater, shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain PM in excess of the following emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input if the affected facility 
combusts only coal, or combusts coal with other fuels and has an annual 
capacity factor for the other fuels of 10 percent (0.10) or less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal with other fuels, has an annual capacity factor for the 
other fuels greater than 10 percent (0.10), and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor greater than 10 percent (0.10) for 
fuels other than coal.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts wood or combusts mixtures of wood with other fuels 
(except coal) and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or 
greater, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of the following 
emissions limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood greater than 30 percent (0.30); or
    (2) 130 ng/J (0.30 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood of 30 percent (0.30) or less and is 
subject to a federally enforceable requirement limiting operation of the 
affected facility to an annual capacity factor for wood of 30 percent 
(0.30) or less.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, wood, or oil and has a heat input capacity of 8.7 MW (30 MMBtu/hr) 
or greater shall cause to be discharged into the atmosphere from that 
affected facility any gases that exhibit greater than 20 percent opacity 
(6-minute average), except

[[Page 195]]

for one 6-minute period per hour of not more than 27 percent opacity.
    (d) The PM and opacity standards under this section apply at all 
times, except during periods of startup, shutdown, or malfunction.
    (e)(1) On and after the date on which the initial performance test 
is completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts coal, oil, wood, a mixture of these fuels, 
or a mixture of these fuels with any other fuels and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 13 ng/J (0.030 lb/MMBtu) heat input, except as provided 
in paragraphs (e)(2), (e)(3), and (e)(4) of this section.
    (2) As an alternative to meeting the requirements of paragraph 
(e)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec. 60.8, whichever date comes first, no owner or operator of an 
affected facility that commences modification after February 28, 2005 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts only oil that contains no more than 0.50 
weight percent sulfur or a mixture of 0.50 weight percent sulfur oil 
with other fuels not subject to a PM standard under Sec. 60.43c and not 
using a post-combustion technology (except a wet scrubber) to reduce PM 
or SO2 emissions is not subject to the PM limit in this 
section.



Sec. 60.44c  Compliance and performance test methods and procedures

for sulfur dioxide.

    (a) Except as provided in paragraphs (g) and (h) of this section and 
Sec. 60.8(b), performance tests required under Sec. 60.8 shall be 
conducted following the procedures specified in paragraphs (b), (c), 
(d), (e), and (f) of this section, as applicable. Section 60.8(f) does 
not apply to this section. The 30-day notice required in Sec. 60.8(d) 
applies only to the initial performance test unless otherwise specified 
by the Administrator.
    (b) The initial performance test required under Sec. 60.8 shall be 
conducted over 30 consecutive operating days of the steam generating 
unit. Compliance with the percent reduction requirements and 
SO2 emission limits under Sec. 60.42c shall be determined 
using a 30-day average. The first operating day included in the initial 
performance test shall be scheduled within 30 days after achieving the 
maximum production rate at which the affect facility will be operated, 
but not later than 180 days after the initial startup of the facility. 
The steam generating unit load during the 30-day period does not have to 
be the maximum design heat input capacity, but must be representative of 
future operating conditions.

[[Page 196]]

    (c) After the initial performance test required under paragraph (b) 
of this section and Sec. 60.8, compliance with the percent reduction 
requirements and SO2 emission limits under Sec. 60.42c is 
based on the average percent reduction and the average SO2 
emission rates for 30 consecutive steam generating unit operating days. 
A separate performance test is completed at the end of each steam 
generating unit operating day, and a new 30-day average percent 
reduction and SO2 emission rate are calculated to show 
compliance with the standard.
    (d) If only coal, only oil, or a mixture of coal and oil is 
combusted in an affected facility, the procedures in Method 19 of 
appendix A of this part are used to determine the hourly SO2 
emission rate (Eho) and the 30-day average SO2 
emission rate (Eao). The hourly averages used to compute the 
30-day averages are obtained from the CEMS. Method 19 of appendix A of 
this part shall be used to calculate Eao when using daily 
fuel sampling or Method 6B of appendix A of this part.
    (e) If coal, oil, or coal and oil are combusted with other fuels:
    (1) An adjusted Eho (Ehoo) is used in Equation 
19-19 of Method 19 of appendix A of this part to compute the adjusted 
Eao (Eaoo). The Ehoo is computed using 
the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.033

Where:

Ehoo = Adjusted Eho, ng/J (lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          fuel sampling and analysis procedures in Method 9 of appendix 
          A of this part, ng/J (lb/MMBtu). The value Ew for 
          each fuel lot is used for each hourly average during the time 
          that the lot is being combusted. The owner or operator does 
          not have to measure Ew if the owner or operator 
          elects to assume Ew = 0.
Xk = Fraction of the total heat input from fuel combustion 
          derived from coal and oil, as determined by applicable 
          procedures in Method 19 of appendix A of this part.

    (2) The owner or operator of an affected facility that qualifies 
under the provisions of Sec. 60.42c(c) or (d) (where percent reduction 
is not required) does not have to measure the parameters Ew 
or Xk if the owner or operator of the affected facility 
elects to measure emission rates of the coal or oil using the fuel 
sampling and analysis procedures under Method 19 of appendix A of this 
part.
    (f) Affected facilities subject to the percent reduction 
requirements under Sec. 60.42c(a) or (b) shall determine compliance 
with the SO2 emission limits under Sec. 60.42c pursuant to 
paragraphs (d) or (e) of this section, and shall determine compliance 
with the percent reduction requirements using the following procedures:
    (1) If only coal is combusted, the percent of potential 
SO2 emission rate is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.034

Where:

%Ps = Potential SO2 emission rate, in percent;
%Rg = SO2 removal efficiency of the control device 
          as determined by Method 19 of appendix A of this part, in 
          percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
          as determined by Method 19 of appendix A of this part, in 
          percent.

    (2) If coal, oil, or coal and oil are combusted with other fuels, 
the same procedures required in paragraph (f)(1) of this section are 
used, except as provided for in the following:
    (i) To compute the %Ps, an adjusted %Rg 
(%Rgo) is computed from Eaoo from paragraph (e)(1) 
of this section and an adjusted average SO2 inlet rate 
(Eaio) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.035

Where:

%Rgo = Adjusted %Rg, in percent;
Eaoo = Adjusted Eao, ng/J (lb/MMBtu); and
Eaio = Adjusted average SO2 inlet rate, ng/J (lb/
          MMBtu).

    (ii) To compute Eaio, an adjusted hourly SO2 
inlet rate (Ehio) is used. The

[[Page 197]]

Ehio is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.036

Where:

Ehio = Adjusted Ehi, ng/J (lb/MMBtu);
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          fuel sampling and analysis procedures in Method 19 of appendix 
          A of this part, ng/J (lb/MMBtu). The value Ew for 
          each fuel lot is used for each hourly average during the time 
          that the lot is being combusted. The owner or operator does 
          not have to measure Ew if the owner or operator 
          elects to assume Ew = 0; and
Xk = Fraction of the total heat input from fuel combustion 
          derived from coal and oil, as determined by applicable 
          procedures in Method 19 of appendix A of this part.

    (g) For oil-fired affected facilities where the owner or operator 
seeks to demonstrate compliance with the fuel oil sulfur limits under 
Sec. 60.42c based on shipment fuel sampling, the initial performance 
test shall consist of sampling and analyzing the oil in the initial tank 
of oil to be fired in the steam generating unit to demonstrate that the 
oil contains 0.5 weight percent sulfur or less. Thereafter, the owner or 
operator of the affected facility shall sample the oil in the fuel tank 
after each new shipment of oil is received, as described under Sec. 
60.46c(d)(2).
    (h) For affected facilities subject to Sec. 60.42c(h)(1), (2), or 
(3) where the owner or operator seeks to demonstrate compliance with the 
SO2 standards based on fuel supplier certification, the 
performance test shall consist of the certification, the certification 
from the fuel supplier, as described under Sec. 60.48c(f), as 
applicable.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance with the SO2 standards under Sec. 
60.42c(c)(2) shall demonstrate the maximum design heat input capacity of 
the steam generating unit by operating the steam generating unit at this 
capacity for 24 hours. This demonstration shall be made during the 
initial performance test, and a subsequent demonstration may be 
requested at any other time. If the demonstrated 24-hour average firing 
rate for the affected facility is less than the maximum design heat 
input capacity stated by the manufacturer of the affected facility, the 
demonstrated 24-hour average firing rate shall be used to determine the 
annual capacity factor for the affected facility; otherwise, the maximum 
design heat input capacity provided by the manufacturer shall be used.
    (j) The owner or operator of an affected facility shall use all 
valid SO2 emissions data in calculating %Ps and 
Eho under paragraphs (d), (e), or (f) of this section, as 
applicable, whether or not the minimum emissions data requirements under 
Sec. 60.46c(f) are achieved. All valid emissions data, including valid 
data collected during periods of startup, shutdown, and malfunction, 
shall be used in calculating %Ps or Eho pursuant 
to paragraphs (d), (e), or (f) of this section, as applicable.



Sec. 60.45c  Compliance and performance test methods and procedures

for particulate matter.

    (a) The owner or operator of an affected facility subject to the PM 
and/or opacity standards under Sec. 60.43c shall conduct an initial 
performance test as required under Sec. 60.8, and shall conduct 
subsequent performance tests as requested by the Administrator, to 
determine compliance with the standards using the following procedures 
and reference methods, except as specified in paragraph (c) of this 
section.
    (1) Method 1 of appendix A of this part shall be used to select the 
sampling site and the number of traverse sampling points.
    (2) Method 3 of appendix A of this part shall be used for gas 
analysis when applying Method 5, 5B, or 17 of appendix A of this part.
    (3) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:
    (i) Method 5 of appendix A of this part may be used only at affected 
facilities without wet scrubber systems.
    (ii) Method 17 of appendix A of this part may be used at affected 
facilities with or without wet scrubber systems provided the stack gas 
temperature does not exceed a temperature of 160 [deg]C

[[Page 198]]

(320 [deg]F). The procedures of Sections 8.1 and 11.1 of Method 5B of 
appendix A of this part may be used in Method 17 of appendix A of this 
part only if Method 17 of appendix A of this part is used in conjunction 
with a wet scrubber system. Method 17 of appendix A of this part shall 
not be used in conjunction with a wet scrubber system if the effluent is 
saturated or laden with water droplets.
    (iii) Method 5B of appendix A of this part may be used in 
conjunction with a wet scrubber system.
    (4) The sampling time for each run shall be at least 120 minutes and 
the minimum sampling volume shall be 1.7 dry standard cubic meters 
(dscm) [60 dry standard cubic feet (dscf)] except that smaller sampling 
times or volumes may be approved by the Administrator when necessitated 
by process variables or other factors.
    (5) For Method 5 or 5B of appendix A of this part, the temperature 
of the sample gas in the probe and filter holder shall be monitored and 
maintained at 160 14 [deg]C (32025 [deg]F).
    (6) For determination of PM emissions, an oxygen (O2) or 
carbon dioxide (CO2) measurement shall be obtained 
simultaneously with each run of Method 5, 5B, or 17 of appendix A of 
this part by traversing the duct at the same sampling location.
    (7) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rates expressed in ng/J (lb/MMBtu) heat input shall 
be determined using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section, (ii) The dry basis F factor, 
and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.
    (8) Method 9 of appendix A of this part (6-minute average of 24 
observations) shall be used for determining the opacity of stack 
emissions.
    (b) The owner or operator of an affected facility seeking to 
demonstrate compliance with the PM standards under Sec. 60.43c(b)(2) 
shall demonstrate the maximum design heat input capacity of the steam 
generating unit by operating the steam generating unit at this capacity 
for 24 hours. This demonstration shall be made during the initial 
performance test, and a subsequent demonstration may be requested at any 
other time. If the demonstrated 24-hour average firing rate for the 
affected facility is less than the maximum design heat input capacity 
stated by the manufacturer of the affected facility, the demonstrated 
24-hour average firing rate shall be used to determine the annual 
capacity factor for the affected facility; otherwise, the maximum design 
heat input capacity provided by the manufacturer shall be used.
    (c) In place of PM testing with EPA Reference Method 5, 5B, or 17 of 
appendix A of this part, an owner or operator may elect to install, 
calibrate, maintain, and operate a CEMS for monitoring PM emissions 
discharged to the atmosphere and record the output of the system. The 
owner or operator of an affected facility who elects to continuously 
monitor PM emissions instead of conducting performance testing using EPA 
Method 5, 5B, or 17 of appendix A of this part shall install, calibrate, 
maintain, and operate a CEMS and shall comply with the requirements 
specified in paragraphs (c)(1) through (c)(13) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of CEMS if 
the owner or operator was previously determining compliance by Method 5, 
5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec. 60.8 
of subpart A of this part. Compliance with the PM emission limit shall 
be determined by using the CEMS specified in paragraph (d) of this 
section to measure PM and calculating a 24-hour block arithmetic average 
emission concentration using

[[Page 199]]

EPA Reference Method 19 of appendix A of this part, section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraph (d)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (d)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec. 60.13(e)(2) of 
subpart A of this part.
    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (d)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30- to 60-minute period) by both the continuous emission 
monitors and the test methods specified in paragraph (d)(7)(i) of this 
section.
    (i) For PM, EPA Reference Method 5, 5B, or 17 of appendix A of this 
part shall be used.
    (ii) For O2 (or CO2), EPA reference Method 3, 
3A, or 3B of appendix A of this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours on a 30-day rolling 
average.
    (d) The owner or operator of an affected facility seeking to 
demonstrate compliance under Sec. 60.43c(e)(4) shall follow the 
applicable procedures under Sec. 60.48c(f). For residual oil-fired 
affected facilities, fuel supplier certifications are only allowed for 
facilities with heat input capacities between 2.9 and 8.7 MW (10 to 30 
MMBtu/hr).



Sec. 60.46c  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (d) and (e) of this section, 
the owner or operator of an affected facility subject to the 
SO2 emission limits under Sec. 60.42c shall install, 
calibrate, maintain, and operate a CEMS for measuring SO2 
concentrations and either O2 or CO2 concentrations 
at the outlet of the SO2 control device (or the outlet of the 
steam generating unit if no SO2 control device is used), and 
shall record the output of the system. The owner or operator of an 
affected facility subject to the percent reduction requirements under 
Sec. 60.42c shall measure SO2 concentrations and either 
O2 or CO2 concentrations at both the inlet and 
outlet of the SO2 control device.
    (b) The 1-hour average SO2 emission rates measured by a 
CEMS shall be expressed in ng/J or lb/MMBtu heat input and shall be used 
to calculate the average emission rates under Sec. 60.42c. Each 1-hour 
average SO2 emission rate must be based on at least 30 
minutes of operation, and shall be calculated using the data points 
required under Sec. 60.13(h)(2). Hourly SO2 emission rates 
are not calculated if the affected facility is operated less than 30 
minutes in a 1-hour period and are not counted toward determination of a 
steam generating unit operating day.
    (c) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.

[[Page 200]]

    (1) All CEMS shall be operated in accordance with the applicable 
procedures under Performance Specifications 1, 2, and 3 of appendix B of 
this part.
    (2) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 of appendix F of 
this part.
    (3) For affected facilities subject to the percent reduction 
requirements under Sec. 60.42c, the span value of the SO2 
CEMS at the inlet to the SO2 control device shall be 125 
percent of the maximum estimated hourly potential SO2 
emission rate of the fuel combusted, and the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
shall be 50 percent of the maximum estimated hourly potential 
SO2 emission rate of the fuel combusted.
    (4) For affected facilities that are not subject to the percent 
reduction requirements of Sec. 60.42c, the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
(or outlet of the steam generating unit if no SO2 control 
device is used) shall be 125 percent of the maximum estimated hourly 
potential SO2 emission rate of the fuel combusted.
    (d) As an alternative to operating a CEMS at the inlet to the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by sampling the fuel prior to 
combustion. As an alternative to operating a CEMS at the outlet from the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by using Method 6B of appendix A of 
this part. Fuel sampling shall be conducted pursuant to either paragraph 
(d)(1) or (d)(2) of this section. Method 6B of appendix A of this part 
shall be conducted pursuant to paragraph (d)(3) of this section.
    (1) For affected facilities combusting coal or oil, coal or oil 
samples shall be collected daily in an as-fired condition at the inlet 
to the steam generating unit and analyzed for sulfur content and heat 
content according the Method 19 of appendix A of this part. Method 19 of 
appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate.
    (2) As an alternative fuel sampling procedure for affected 
facilities combusting oil, oil samples may be collected from the fuel 
tank for each steam generating unit immediately after the fuel tank is 
filled and before any oil is combusted. The owner or operator of the 
affected facility shall analyze the oil sample to determine the sulfur 
content of the oil. If a partially empty fuel tank is refilled, a new 
sample and analysis of the fuel in the tank would be required upon 
filling. Results of the fuel analysis taken after each new shipment of 
oil is received shall be used as the daily value when calculating the 
30-day rolling average until the next shipment is received. If the fuel 
analysis shows that the sulfur content in the fuel tank is greater than 
0.5 weight percent sulfur, the owner or operator shall ensure that the 
sulfur content of subsequent oil shipments is low enough to cause the 
30-day rolling average sulfur content to be 0.5 weight percent sulfur or 
less.
    (3) Method 6B of appendix A of this part may be used in lieu of CEMS 
to measure SO2 at the inlet or outlet of the SO2 
control system. An initial stratification test is required to verify the 
adequacy of the Method 6B of appendix A of this part sampling location. 
The stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement train operated at the 
candidate location and a second similar train operated according to the 
procedures in Sec. 3.2 and the applicable procedures in section 7 of 
Performance Specification 2 of appendix B of this part. Method 6B of 
appendix A of this part, Method 6A of appendix A of this part, or a 
combination of Methods 6 and 3 of appendix A of this part or Methods 6C 
and 3A of appendix A of this part are suitable measurement techniques. 
If Method 6B of appendix A of this part is used for the second train, 
sampling time and timer operation may be adjusted for the

[[Page 201]]

stratification test as long as an adequate sample volume is collected; 
however, both sampling trains are to be operated similarly. For the 
location to be adequate for Method 6B of appendix A of this part 24-hour 
tests, the mean of the absolute difference between the three paired runs 
must be less than 10 percent (0.10).
    (e) The monitoring requirements of paragraphs (a) and (d) of this 
section shall not apply to affected facilities subject to Sec. 
60.42c(h) (1), (2), or (3) where the owner or operator of the affected 
facility seeks to demonstrate compliance with the SO2 
standards based on fuel supplier certification, as described under Sec. 
60.48c(f), as applicable.
    (f) The owner or operator of an affected facility operating a CEMS 
pursuant to paragraph (a) of this section, or conducting as-fired fuel 
sampling pursuant to paragraph (d)(1) of this section, shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive steam generating unit operating days. If this 
minimum data requirement is not met with a single monitoring system, the 
owner or operator of the affected facility shall supplement the emission 
data with data collected with other monitoring systems as approved by 
the Administrator.



Sec. 60.47c  Emission monitoring for particulate matter.

    (a) Except as provided in paragraphs (c), (d), (e), and (f) of this 
section, the owner or operator of an affected facility combusting coal, 
oil, or wood that is subject to the opacity standards under Sec. 60.43c 
shall install, calibrate, maintain, and operate a COMS for measuring the 
opacity of the emissions discharged to the atmosphere and record the 
output of the system.
    (b) All COMS for measuring opacity shall be operated in accordance 
with the applicable procedures under Performance Specification 1 of 
appendix B of this part. The span value of the opacity COMS shall be 
between 60 and 80 percent.
    (c) Affected facilities that burn only distillate oil that contains 
no more than 0.5 weight percent sulfur and/or liquid or gaseous fuels 
with potential sulfur dioxide emission rates of 26 ng/J (0.06 lb/MMBtu) 
heat input or less and that do not use a post-combustion technology to 
reduce SO2 or PM emissions are not required to operate a CEMS 
for measuring opacity if they follow the applicable procedures under 
Sec. 60.48c(f).
    (d) Owners or operators complying with the PM emission limit by 
using a PM CEMS monitor instead of monitoring opacity must calibrate, 
maintain, and operate a CEMS, and record the output of the system, for 
PM emissions discharged to the atmosphere as specified in Sec. 
60.45c(d). The CEMS specified in paragraph Sec. 60.45c(d) shall be 
operated and data recorded during all periods of operation of the 
affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (e) An affected facility that does not use post-combustion 
technology (except a wet scrubber) for reducing PM, SO2, or 
carbon monoxide (CO) emissions, burns only gaseous fuels or fuel oils 
that contain less than or equal to 0.5 weight percent sulfur, and is 
operated such that emissions of CO to the atmosphere from the affected 
facility are maintained at levels less than or equal to 0.15 lb/MMBtu on 
a boiler operating day average basis is not required to operate a COMS 
for measuring opacity. Owners and operators of affected facilities 
electing to comply with this paragraph must demonstrate compliance 
according to the procedures specified in paragraphs (e)(1) through (4) 
of this section.
    (1) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (e)(1)(i) through (iv) of this 
section.
    (i) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (ii) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (iii) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. At least two data points per hour must

[[Page 202]]

be used to calculate each 1-hour average.
    (iv) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (2) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (3) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (4) You must record the CO measurements and calculations performed 
according to paragraph (e) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (f) An affected facility that burns only gaseous fuels or fuel oils 
that contain less than or equal to 0.5 weight percent sulfur and 
operates according to a written site-specific monitoring plan approved 
by the appropriate delegated permitting authority is not required to 
operate a COMS for measuring opacity. This monitoring plan must include 
procedures and criteria for establishing and monitoring specific 
parameters for the affected facility indicative of compliance with the 
opacity standard.



Sec. 60.48c  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of construction or reconstruction and actual 
startup, as provided by Sec. 60.7 of this part. This notification shall 
include:
    (1) The design heat input capacity of the affected facility and 
identification of fuels to be combusted in the affected facility.
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec. 60.42c, or Sec. 60.43c.
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the affected facility based on all fuels fired and 
based on each individual fuel fired.
    (4) Notification if an emerging technology will be used for 
controlling SO2 emissions. The Administrator will examine the 
description of the control device and will determine whether the 
technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec. 60.42c(a) or (b)(1), unless and until this determination is made 
by the Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2 emission limits of Sec. 60.42c, or the PM or opacity 
limits of Sec. 60.43c, shall submit to the Administrator the 
performance test data from the initial and any subsequent performance 
tests and, if applicable, the performance evaluation of the CEMS and/or 
COMS using the applicable performance specifications in appendix B of 
this part.
    (c) The owner or operator of each coal-fired, oil-fired, or wood-
fired affected facility subject to the opacity limits under Sec. 
60.43c(c) shall submit excess emission reports for any excess emissions 
from the affected facility that occur during the reporting period.

[[Page 203]]

    (d) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec. 60.42c shall submit reports to the 
Administrator.
    (e) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec. 60.42c shall keep records and submit 
reports as required under paragraph (d) of this section, including the 
following information, as applicable.
    (1) Calendar dates covered in the reporting period.
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu), or 30-day average sulfur content (weight percent), calculated 
during the reporting period, ending with the last 30-day period; reasons 
for any noncompliance with the emission standards; and a description of 
corrective actions taken.
    (3) Each 30-day average percent of potential SO2 emission 
rate calculated during the reporting period, ending with the last 30-day 
period; reasons for any noncompliance with the emission standards; and a 
description of the corrective actions taken.
    (4) Identification of any steam generating unit operating days for 
which SO2 or diluent (O2 or CO2) data 
have not been obtained by an approved method for at least 75 percent of 
the operating hours; justification for not obtaining sufficient data; 
and a description of corrective actions taken.
    (5) Identification of any times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and a description of corrective actions taken if 
data have been excluded for periods other than those during which coal 
or oil were not combusted in the steam generating unit.
    (6) Identification of the F factor used in calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of whether averages have been obtained based on 
CEMS rather than manual sampling methods.
    (8) If a CEMS is used, identification of any times when the 
pollutant concentration exceeded the full span of the CEMS.
    (9) If a CEMS is used, description of any modifications to the CEMS 
that could affect the ability of the CEMS to comply with Performance 
Specifications 2 or 3 of appendix B of this part.
    (10) If a CEMS is used, results of daily CEMS drift tests and 
quarterly accuracy assessments as required under appendix F, Procedure 1 
of this part.
    (11) If fuel supplier certification is used to demonstrate 
compliance, records of fuel supplier certification is used to 
demonstrate compliance, records of fuel supplier certification as 
described under paragraph (f)(1), (2), (3), or (4) of this section, as 
applicable. In addition to records of fuel supplier certifications, the 
report shall include a certified statement signed by the owner or 
operator of the affected facility that the records of fuel supplier 
certifications submitted represent all of the fuel combusted during the 
reporting period.
    (f) Fuel supplier certification shall include the following 
information:
    (1) For distillate oil:
    (i) The name of the oil supplier;
    (ii) A statement from the oil supplier that the oil complies with 
the specifications under the definition of distillate oil in Sec. 
60.41c; and
    (iii) The sulfur content of the oil.
    (2) For residual oil:
    (i) The name of the oil supplier;
    (ii) The location of the oil when the sample was drawn for analysis 
to determine the sulfur content of the oil, specifically including 
whether the oil was sampled as delivered to the affected facility, or 
whether the sample was drawn from oil in storage at the oil supplier's 
or oil refiner's facility, or other location;
    (iii) The sulfur content of the oil from which the shipment came (or 
of the shipment itself); and
    (iv) The method used to determine the sulfur content of the oil.
    (3) For coal:
    (i) The name of the coal supplier;
    (ii) The location of the coal when the sample was collected for 
analysis to determine the properties of the coal, specifically including 
whether the coal was sampled as delivered to the affected facility or 
whether the sample was collected from coal in storage at

[[Page 204]]

the mine, at a coal preparation plant, at a coal supplier's facility, or 
at another location. The certification shall include the name of the 
coal mine (and coal seam), coal storage facility, or coal preparation 
plant (where the sample was collected);
    (iii) The results of the analysis of the coal from which the 
shipment came (or of the shipment itself) including the sulfur content, 
moisture content, ash content, and heat content; and
    (iv) The methods used to determine the properties of the coal.
    (4) For other fuels:
    (i) The name of the supplier of the fuel;
    (ii) The potential sulfur emissions rate of the fuel in ng/J heat 
input; and
    (iii) The method used to determine the potential sulfur emissions 
rate of the fuel.
    (g)(1) Except as provided under paragraphs (g)(2) and (g)(3) of this 
section, the owner or operator of each affected facility shall record 
and maintain records of the amount of each fuel combusted during each 
operating day.
    (2) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility 
that combusts only natural gas, wood, fuels using fuel certification in 
Sec. 60.48c(f) to demonstrate compliance with the SO2 
standard, fuels not subject to an emissions standard (excluding 
opacity), or a mixture of these fuels may elect to record and maintain 
records of the amount of each fuel combusted during each calendar month.
    (3) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility or 
multiple affected facilities located on a contiguous property unit where 
the only fuels combusted in any steam generating unit (including steam 
generating units not subject to this subpart) at that property are 
natural gas, wood, distillate oil meeting the most current requirements 
in Sec. 60.42C to use fuel certification to demonstrate compliance with 
the SO2 standard, and/or fuels, excluding coal and residual 
oil, not subject to an emissions standard (excluding opacity) may elect 
to record and maintain records of the total amount of each steam 
generating unit fuel delivered to that property during each calendar 
month.
    (h) The owner or operator of each affected facility subject to a 
federally enforceable requirement limiting the annual capacity factor 
for any fuel or mixture of fuels under Sec. 60.42c or Sec. 60.43c 
shall calculate the annual capacity factor individually for each fuel 
combusted. The annual capacity factor is determined on a 12-month 
rolling average basis with a new annual capacity factor calculated at 
the end of the calendar month.
    (i) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of two years 
following the date of such record.
    (j) The reporting period for the reports required under this subpart 
is each six-month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.



           Subpart E_Standards of Performance for Incinerators



Sec. 60.50  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each 
incinerator of more than 45 metric tons per day charging rate (50 tons/
day), which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.
    (c) Any facility covered by subpart Cb, Eb, AAAA, or BBBB of this 
part is not covered by this subpart.
    (d) Any facility covered by an EPA approved State section 111(d)/129 
plan implementing subpart Cb or BBBB of this part is not covered by this 
subpart.
    (e) Any facility covered by subpart FFF or JJJ of part 62 of this 
title (Federal section 111(d)/129 plan implementing subpart Cb or BBBB 
of this part) is not covered by this subpart.

[42 FR 37936, July 25, 1977, as amended at 71 FR 27335, May 10, 2006]

[[Page 205]]



Sec. 60.51  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Incinerator means any furnace used in the process of burning 
solid waste for the purpose of reducing the volume of the waste by 
removing combustible matter.
    (b) Solid waste means refuse, more than 50 percent of which is 
municipal type waste consisting of a mixture of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustibles, 
and noncombustible materials such as glass and rock.
    (c) Day means 24 hours.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20792, June 14, 1974]



Sec. 60.52  Standard for particulate matter.

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8 of this part, 
whichever date comes first, no owner or operator subject to the 
provisions of this part shall cause to be discharged into the atmosphere 
from any affected facility any gases which contain particulate matter in 
excess of 0.18 g/dscm (0.08 gr/dscf) corrected to 12 percent 
CO2.

[39 FR 20792, June 14, 1974, as amended at 65 FR 61753, Oct. 17, 2000]



Sec. 60.53  Monitoring of operations.

    (a) The owner or operator of any incinerator subject to the 
provisions of this part shall record the daily charging rates and hours 
of operation.



Sec. 60.54  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standard in Sec. 60.52 as follows:
    (1) The concentration (c12) of particulate matter, 
corrected to 12 percent CO2, shall be computed for each run 
using the following equation:

c12 = cs (12/%CO2)

where:

c12=concentration of particulate matter, corrected to 12 
percent CO2, g/dscm (gr/dscf).
cs=concentration of particulate matter, g/dscm (gr/dscf).
%CO2=CO2 concentration, percent dry basis.

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs). The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The emission rate correction factor, integrated or grab sampling 
and analysis procedure of Method 3B shall be used to determine 
CO2 concentration (%CO2).
    (i) The CO2 sample shall be obtained simultaneously with, 
and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the CO2 
traverse points may be reduced to 12 if Method 1 is used to locate the 
12 CO2 traverse points. If individual CO2 samples 
are taken at each traverse point, the CO2 concentration 
(%CO2) used in the correction equation shall be the 
arithmetic mean of the sample CO2 concentrations at all 
traverse points.
    (ii) If sampling is conducted after a wet scrubber, an ``adjusted'' 
CO2 concentration [(%CO2)adj], which 
accounts for the effects of CO2 absorption and dilution air, 
may be used instead of the CO2 concentration determined in 
this paragraph. The adjusted CO2 concentration shall be 
determined by either of the procedures in paragraph (c) of this section.
    (c) The owner or operator may use either of the following procedures 
to determine the adjusted CO2 concentration.
    (1) The volumetric flow rates at the inlet and outlet of the wet 
scrubber and the inlet CO2 concentration may be used to 
determine the adjusted CO2 concentration 
[(%CO2)adj] using the following equation:

(%CO2)adj=(%CO2)di 
    (Qdi/Qdo)

where:

(%CO2)adj=adjusted outlet CO2 
concentration, percent dry basis.
(%CO2)di=CO2 concentration measured 
before the scrubber, percent dry basis.
Qdi=volumetric flow rate of effluent gas before the wet 
scrubber, dscm/min (dscf/min).

[[Page 206]]

Qdo=volumetric flow rate of effluent gas after the wet 
scrubber, dscm/min (dscf/min).

    (i) At the outlet, Method 5 is used to determine the volumetric flow 
rate (Qdo) of the effluent gas.
    (ii) At the inlet, Method 2 is used to determine the volumetric flow 
rate (Qdi) of the effluent gas as follows: Two full velocity 
traverses are conducted, one immediately before and one immediately 
after each particulate run conducted at the outlet, and the results are 
averaged.
    (iii) At the inlet, the emission rate correction factor, integrated 
sampling and analysis procedure of Method 3B is used to determine the 
CO2 concentration [(%CO2)di] as 
follows: At least nine sampling points are selected randomly from the 
velocity traverse points and are divided randomly into three sets, equal 
in number of points; the first set of three or more points is used for 
the first run, the second set for the second run, and the third set for 
the third run. The CO2 sample is taken simultaneously with 
each particulate run being conducted at the outlet, by traversing the 
three sampling points (or more) and sampling at each point for equal 
increments of time.
    (2) Excess air measurements may be used to determine the adjusted 
CO2 concentration [(%CO2)adj] using the 
following equation:

(%CO2)adj=(%CO2)di 
    [(100+%EAi)/(100+%EAo)]

where:

(%CO2)adj=adjusted outlet CO2 
concentration, percent dry basis.
(%CO2)di=CO2 concentration at the inlet 
of the wet scrubber, percent dry basis.
%EAi=excess air at the inlet of the scrubber, percent.
%EAo=excess air at the outlet of the scrubber, percent.

    (i) A gas sample is collected as in paragraph (c)(1)(iii) of this 
section and the gas samples at both the inlet and outlet locations are 
analyzed for CO2, O2, and N2.
    (ii) Equation 3B-3 of Method 3B is used to compute the percentages 
of excess air at the inlet and outlet of the wet scrubber.

[54 FR 6665, Feb. 14, 1989, as amended at 55 FR 5212, Feb. 14, 1990; 65 
FR 61753, Oct. 17, 2000]



 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction is Commenced After December 20, 1989 and on or Before 
                           September 20, 1994

    Source: 56 FR 5507, Feb. 11, 1991, unless otherwise noted.



Sec. 60.50a  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a municipal waste combustor unit 
capacity greater than 225 megagrams per day (250 tons per day) of 
municipal solid waste for which construction, modification, or 
reconstruction is commenced as specified in paragraphs (a)(1) and (a)(2) 
of this section.
    (1) Construction is commenced after December 20, 1989 and on or 
before September 20, 1994.
    (2) Modification or reconstruction is commenced after December 20, 
1989 and on or before June 19, 1996.
    (b) [Reserved]
    (c) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (d) Any cofired combustor, as defined under Sec. 60.51a, located at 
a plant that meets the capacity specifications in paragraph (a) of this 
section is not subject to this subpart if the owner or operator of the 
cofired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.

[[Page 207]]

    (e) Any cofired combustor that is subject to a federally enforceable 
permit limiting the operation of the combustor to no more than 225 
megagrams per day (250 tons per day) of municipal solid waste is not 
subject to this subpart.
    (f) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (g) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the Administrator of an exemption claim and provides data 
documenting that the facility qualifies for this exemption.
    (h) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the 
Administrator of an exemption claim and provides data documenting that 
the facility qualifies for this exemption.
    (i) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (j) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (k) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51a) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of: the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (l) The following authorities shall be retained by the Administrator 
and not transferred to a State:
    None.
    (m) This subpart shall become effective on August 12, 1991.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995]



Sec. 60.51a  Definitions.

    ASME means the American Society of Mechanical Engineers.
    Batch MWC means an MWC unit designed such that it cannot combust MSW 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Chief facility operator means the person in direct charge and 
control of the operation of an MWC and who is responsible for daily on-
site supervision, technical direction, management, and overall 
performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including

[[Page 208]]

clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (which includes but is not limited to railroad ties 
and telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring the emissions of a pollutant from an 
affected facility.
    Continuous monitoring system means the total equipment used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Dioxin/furan means total tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Federally-enforceable means all limitations and conditions that are 
enforceable by the Administrator including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 40 CFR 51.24.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission rates when the affected facility is operating and 
combusting MSW measured over 4-hour periods of time from 12 midnight to 
4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12 noon, 12 noon to 4 p.m., 4 p.m. 
to 8 p.m., and 8 p.m. to 12 midnight.
    Large municipal waste combustor plant means a municipal waste 
combustor plant with a municipal waste combustor aggregate plant 
capacity for affected facilities that is greater than 225 megagrams per 
day (250 tons per day) of municipal solid waste.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec. 
60.53a.
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec. 60.53a.
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made if the 
cumulative cost of the changes, over the life of the unit, exceed 50 
percent of the original cost of construction and installation of the 
unit (not including the cost of any land purchased in connection with 
such construction or installation) updated to current costs; or any 
physical change in the municipal waste combustor unit or change in the 
method of operation of the municipal waste combustor unit increases the 
amount of any air pollutant emitted by the unit for which standards have 
been established under section 129 or section 111. Increases in the 
amount of any air pollutant emitted by the municipal waste combustor 
unit are determined at 100-percent

[[Page 209]]

physical load capability and downstream of all air pollution control 
devices, with no consideration given for load restrictions based on 
permits or other nonphysical operational restrictions.
    Modular excess air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec. 60.50a(c).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified MSW including, but not limited to, field-erected incinerators 
(with or without heat recovery), modular incinerators (starved-air or 
excess-air), boilers (i.e., steam-generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Municipal waste 
combustors do not include pyrolysis/combustion units located at 
plastics/ rubber recycling units (as specified in Sec. 60.50a(k) of 
this section). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of an MWC are defined as follows. The MWC unit 
includes, but is not limited to, the MSW fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
MWC boundary starts at the MSW pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber;
    (ii) The combustor bottom ash system, which ends at the truck 
loading station or similar ash handling equipment that transfer the ash 
to final disposal, including all ash handling systems that are connected 
to the bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The MWC unit does not include air pollution control equipment, 
the stack, water treatment equipment, or the turbine generator set.
    Municipal waste combustor plant means one or more MWC units at the 
same location for which construction, modification, or reconstruction is 
commenced after December 20, 1989 and on or before September 20, 1994.
    Municipal waste combustor plant capacity means the aggregate MWC 
unit capacity of all MWC units at an MWC

[[Page 210]]

plant for which construction, modification, or reconstruction of the 
units commenced after December 20, 1989 and on or before September 20, 
1994. Any MWC units for which construction, modification, or 
reconstruction is commenced on or before December 20, 1989 or after 
September 20, 1994 are not included for determining applicability under 
this subpart.
    Municipal waste combustor unit capacity means the maximum design 
charging rate of an MWC unit expressed in megagrams per day (tons per 
day) of MSW combusted, calculated according to the procedures under 
Sec. 60.58a(j). Municipal waste combustor unit capacity is calculated 
using a design heating value of 10,500 kilojoules per kilogram (4,500 
British thermal units per pound) for MSW. The calculational procedures 
under Sec. 60.58a(j) include procedures for determining MWC unit 
capacity for continuous and batch feed MWC's.
    Municipal waste combustor unit load means the steam load of the MWC 
unit measured as specified in Sec. 60.58a(h)(6).
    MWC acid gases means all acid gases emitted in the exhaust gases 
from MWC units including, but not limited to, sulfur dioxide and 
hydrogen chloride gases.
    MWC metals means metals and metal compounds emitted in the exhaust 
gases from MWC units.
    MWC organics means organic compounds emitted in the exhaust gases 
from MWC units and includes total tetra- through octa-chlorinated 
dibenzo-p-dioxins and dibenzofurans.
    Particulate matter means total particulate matter emitted from MWC 
units as measured by Method 5 (see Sec. 60.58a).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission rate means the hydrogen 
chloride emission rate that would occur from combustion of MSW in the 
absence of any hydrogen chloride emissions control.
    Potential sulfur dioxide emission rate means the sulfur dioxide 
emission rate that would occur from combustion of MSW in the absence of 
any sulfur dioxide emissions control.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor or 
pulverized coal/RDF mixed fuel-fired combustor means a combustor that 
fires coal and RDF simultaneously, in which pulverized coal is 
introduced into an air stream that carries the coal to the combustion 
chamber of the unit where it is fired in suspension. This includes both 
conventional pulverized coal and micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of MSW, and the gases, liquids, or solids 
produced are combusted and emissions vented to the atmosphere.
    Reconstruction means rebuilding an MWC unit for which the cumulative 
costs of the construction over the life of the unit exceed 50 percent of 
the original cost of construction and installation of the unit (not 
including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant

[[Page 211]]

heat transfer section) of the combustor.
    Refuse-derived fuel or RDF means a type of MSW produced by 
processing MSW through shredding and size classification.
    This includes all classes of RDF including low density fluff RDF 
through densified RDF and RDF fuel pellets.
    RDF stoker means a steam generating unit that combusts RDF in a 
semi-suspension firing mode using air-fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control, including properties that are separated 
only by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof, including any municipality or other 
governmental unit, or any quasigovernmental authority (e.g., a public 
utility district or regional waste disposal authority).
    Shift supervisor means the person in direct charge and control of 
the operation of an MWC and who is responsible for on-site supervision, 
technical direction, management, and overall performance of the facility 
during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
or spreader stoker coal/RDF mixed fuel-fired combustor means a combustor 
that fires coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions means a temperature of 20 [deg]C (68 [deg]F) and 
a pressure of 101.3 kilopascals (29.92 inches of mercury).
    Twenty-four hour daily average or 24-hour daily average means the 
arithmetic or geometric mean (as specified in Sec. 60.58a (e), (g), or 
(h) as applicable) of all hourly emission rates when the affected 
facility is operating and firing MSW measured over a 24-hour period 
between 12 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of MSW in this 
section. Yard waste does not include clean wood, which is exempt from 
the definition of MSW in this section.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec. 60.52a  Standard for municipal waste combustor metals.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain particulate matter in excess of 34 milligrams per 
dry standard cubic meter (0.015 grains per dry standard cubic foot), 
corrected to 7 percent oxygen (dry basis).
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility subject to the particulate matter 
emission limit under paragraph (a) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that exhibit greater than 10 percent opacity (6-minute average).
    (c) [Reserved]

[[Page 212]]



Sec. 60.53a  Standard for municipal waste combustor organics.

    (a) [Reserved]
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain dioxin/furan emissions that exceed 30 nanograms 
per dry standard cubic meter (12 grains per billion dry standard cubic 
feet), corrected to 7 percent oxygen (dry basis).



Sec. 60.54a  Standard for municipal waste combustor acid gases.

    (a)-(b) [Reserved]
    (c) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain sulfur dioxide in excess of 20 percent of the 
potential sulfur dioxide emission rate (80 percent reduction by weight 
or volume) or 30 parts per million by volume, corrected to 7 percent 
oxygen (dry basis), whichever is less stringent. The averaging time is 
specified in Sec. 60.58a(e).
    (d) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain hydrogen chloride in excess of 5 percent of the 
potential hydrogen chloride emission rate (95 percent reduction by 
weight or volume) or 25 parts per million by volume, corrected to 7 
percent oxygen (dry basis), whichever is less stringent.



Sec. 60.55a  Standard for nitrogen oxides.

    On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain nitrogen oxides in excess of 180 parts per 
million by volume, corrected to 7 percent oxygen (dry basis). The 
averaging time is specified under Sec. 60.58a(g).



Sec. 60.56a  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause such facility to exceed the carbon monoxide standards shown in 
table 1.

                    Table 1--MWC Operating Standards
------------------------------------------------------------------------
                                                              Carbon
                                                             monoxide
                                                          emission limit
                     MWC technology                         (parts per
                                                            million by
                                                            volume) \1\
------------------------------------------------------------------------
Mass burn waterwall.....................................             100
Mass burn refractory....................................             100
Mass burn rotary waterwall..............................             100
Modular starved air.....................................              50
Modular excess air......................................              50
RDF stoker..............................................             150
Bubbling fluidized bed combustor........................             100
Circulating fluidized bed combustor.....................             100
Pulverized coal/RDF mixed fuel-fired combustor..........             150
Spreader stoker coal/RDF mixed fuel-fird combustor......             150
------------------------------------------------------------------------
\1\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in Sec.  60.58a(h).

    (b) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a load level 
greater than 110 percent of the maximum demonstrated MWC unit load as 
defined in Sec. 60.51a. The averaging time is specified under Sec. 
60.58a(h).
    (c) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a temperature, 
measured at the final particulate matter control device inlet, exceeding 
17 [deg]Centigrade (30 [deg]Fahrenheit) above the maximum demonstrated 
particulate matter control device temperature as defined in Sec. 
60.51a. The averaging time is specified under Sec. 60.58a(h).
    (d) Within 24 months from the date of start-up of an affected 
facility or before February 11, 1993, whichever is later, each chief 
facility operator and

[[Page 213]]

shift supervisor of an affected faciltiy located within a large MWC 
plant shall obtain and keep current either a provisional or operator 
certification in accordance with ASME QRO-1-1994 (incorporated by 
reference, see Sec. 60.17) or an equivalent State-approved 
certification program.
    (e) No owner or operator of an affected facility shall allow such 
affected facility located at a large MWC plant to operate at any time 
without a certified shift supervisor, as provided under paragraph (d) of 
this section, on duty at the affected facility. This requirement shall 
take effect 24 months after the date of start-up of the affected 
facility or on and after February 11, 1993, whichever is later.
    (f) The owner or operator of an affected facility located within a 
large MWC plant shall develop and update on a yearly basis a 
sitespecific operating manual that shall, at a minimum, address the 
following elements of MWC unit operation:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an MWC 
unit;
    (3) Procedures for receiving, handling, and feeding MSW;
    (4) MWC unit start-up, shutdown, and malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the MWC unit within the standards 
established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) [Reserved]
    (10) Procedures for handling ash;
    (11) Procedures for monitoring MWC unit emissions; and
    (12) Reporting and recordkeeping procedures.
    (g) The owner or operator of an affected facility located within a 
large MWC plant shall establish a program for reviewing the operating 
manual annually with each person who has responsibilities affecting the 
operation of an affected facility including, but not limited to, chief 
facility operators, shift supervisors, control room operators, ash 
handlers, maintenance personnel, and crane/load handlers.
    (h) The initial review of the operating manual, as specified under 
paragraph (g) of this section, shall be conducted prior to assumption of 
responsibilities affecting MWC unit operation by any person required to 
undergo training under paragraph (g) of this section. Subsequent reviews 
of the manual shall be carried out annually by each such person.
    (i) The operating manual shall be kept in a readily accessible 
location for all persons required to undergo training under paragraph 
(g) of this section. The operating manual and records of training shall 
be available for inspection by EPA or its delegated enforcement agent 
upon request.
    (j)-(k) [Reserved]

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65386, Dec. 19, 1995]



Sec. 60.57a  [Reserved]



Sec. 60.58a  Compliance and performance testing.

    (a) The standards under this subpart apply at all times, except 
during periods of start-up, shutdown, or malfunction; provided, however, 
that the duration of start-up, shutdown, or malfunction shall not exceed 
3 hours per occurrence.
    (1) The start-up period commences when the affected facility begins 
the continuous burning of MSW and does not include any warm-up period 
when the affected facility is combusting only a fossil fuel or other 
non-MSW fuel and no MSW is being combusted.
    (2) Continuous burning is the continuous, semicontinuous, or batch 
feeding of MSW for purposes of waste disposal, energy production, or 
providing heat to the combustion system in preparation for waste 
disposal or energy production. The use of MSW solely to provide thermal 
protection of grate or hearth during the start-up period shall not be 
considered to be continuous burning.
    (b) The following procedures and test methods shall be used to 
determine compliance with the emission limits for particulate matter 
under Sec. 60.52a:
    (1) Method 1 shall be used to select sampling site and number of 
traverse points.

[[Page 214]]

    (2) Method 3 shall be used for gas analysis.
    (3) Method 5 shall be used for determining compliance with the 
particulate matter emission limit. The minimum sample volume shall be 
1.7 cubic meters (60 cubic feet). The probe and filter holder heating 
systems in the sample train shall be set to provide a gas temperature of 
160[deg]14 [deg]Centigrade (320[deg]25 [deg]Fahrenheit). An oxygen or carbon dioxide 
measurement shall be obtained simultaneously with each Method 5 run.
    (4) For each Method 5 run, the emission rate shall be determined 
using:
    (i) Oxygen or carbon dioxide measurements,
    (ii) Dry basis F factor, and
    (iii) Dry basis emission rate calculation procedures in Method 19.
    (5) An owner or operator may request that compliance be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established during the initial 
compliance test.
    (6) The owner or operator of an affected facility shall conduct an 
initial compliance test for particulate matter and opacity as required 
under Sec. 60.8.
    (7) Method 9 shall be used for determining compliance with the 
opacity limit.
    (8) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous opacity monitoring system 
(COMS) and record the output of the system on a 6-minute average basis.
    (9) Following the date the initial compliance test for particulate 
matter is completed or is required to be completed under Sec. 60.8 for 
an affected facility located within a large MWC plant, the owner or 
operator shall conduct a performance test for particulate matter on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (10) [Reserved]
    (c) [Reserved]
    (d) The following procedures and test methods shall be used to 
determine compliance with the limits for dioxin/furan emissions under 
Sec. 60.53a:
    (1) Method 23 shall be used for determining compliance with the 
dioxin/furan emission limits. The minimum sample time shall be 4 hours 
per test run.
    (2) The owner or operator of an affected facility shall conduct an 
initial compliance test for dioxin/furan emissions as required under 
Sec. 60.8.
    (3) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec. 60.8, the owner or operator of an affected facility located within 
a large MWC plant shall conduct a performance test for dioxin/furan 
emissions on an annual basis (no more than 12 calendar months following 
the previous compliance test).
    (4) [Reserved]
    (5) An owner or operator may request that compliance with the 
dioxin/furan emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (e) The following procedures and test methods shall be used for 
determining compliance with the sulfur dioxide limit under Sec. 60.54a:
    (1) Method 19, section 5.4, shall be used to determine the daily 
geometric average percent reduction in the potential sulfur dioxide 
emission rate.
    (2) Method 19, section 4.3, shall be used to determine the daily 
geometric average sulfur dioxide emission rate.
    (3) An owner or operator may request that compliance with the sulfur 
dioxide emissions limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for sulfur dioxide as required under Sec. 60.8. 
Compliance with the sulfur dioxide emission limit and percent reduction 
is determined by using a CEMS to measure sulfur dioxide and calculating 
a 24-hour daily geometric mean emission rate and daily geometric mean 
percent reduction

[[Page 215]]

using Method 19 sections 4.3 and 5.4, as applicable, except as provided 
under paragraph (e)(5) of this section.
    (5) For batch MWC's or MWC units that do not operate continuously, 
compliance shall be determined using a daily geometric mean of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (6) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring sulfur dioxide 
emissions discharged to the atmosphere and record the output of the 
system.
    (7) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec. 60.8, compliance with the sulfur dioxide emission limit or percent 
reduction shall be determined based on the geometric mean of the hourly 
arithmetic average emission rates during each 24-hour daily period 
measured between 12:00 midnight and the following midnight using: CEMS 
inlet and outlet data, if compliance is based on a percent reduction; or 
CEMS outlet data only if compliance is based on an emission limit.
    (8) At a minimum, valid CEMS data shall be obtained for 75 percent 
of the hours per day for 75 percent of the days per month the affected 
facility is operated and combusting MSW.
    (9) The 1-hour arithmetic averages required under paragraph (e)(7) 
of this section shall be expressed in parts per million (dry basis) and 
used to calculate the 24-hour daily geometric mean emission rates. The 
1-hour arithmetic averages shall be calculated using the data points 
required under Sec. 60.13(e)(2). At least two data points shall be used 
to calculate each 1-hour arithmetic average.
    (10) All valid CEMS data shall be used in calculating emission rates 
and percent reductions even if the minimum CEMS data requirements of 
paragraph (e)(8) of this section are not met.
    (11) The procedures under Sec. 60.1 3 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (12) The CEMS shall be operated according to Performance 
Specifications 1, 2, and 3 (appendix B of part 60).
    (13) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).
    (14) The span value of the CEMS at the inlet to the sulfur dioxide 
control device is 125 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the MWC unit, and the span value of the CEMS 
at the outlet of the sulfur dioxide control device is 50 percent of the 
maximum estimated hourly potential sulfur dioxide emissions of the MWC 
unit.
    (15) When sulfur dioxide emissions data are not obtained because of 
CEMS breakdowns, repairs, calibration checks and zero and span 
adjustments, emissions data shall be obtained by using other monitoring 
systems as approved by the Administrator or Method 19 to provide as 
necessary valid emission data for a minimum of 75 percent of the hours 
per day for 75 percent of the days per month the unit is operated and 
combusting MSW.
    (16) Not operating a sorbent injection system for the sole purpose 
of testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under regulations 
approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and (b).
    (f) The following procedures and test methods shall be used for 
determining compliance with the hydrogen chloride limits under Sec. 
60.54a:
    (1) The percentage reduction in the potential hydrogen chloride 
emissions (%PHCl) is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TC16NO91.003

where:

Ei is the potential hydrogen chloride emission rate.
Eo is the hydrogen chloride emission rate measured at the 
outlet of the acid gas control device.

    (2) Method 26 or 26A shall be used for determining the hydrogen 
chloride emission rate. The minimum sampling time for Method 26 or 26A 
shall be 1 hour.

[[Page 216]]

    (3) An owner or operator may request that compliance with the 
hydrogen chloride emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for hydrogen chloride as required under Sec. 
60.8.
    (5) Following the date of the initial compliance test or the date on 
which the initial compliance test is required under Sec. 60.8, the 
owner or operator of an affected facility located within a large MWC 
plant shall conduct a performance test for hydrogen chloride on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (6) [Reserved]
    (7) Not operating a sorbent injection system for the sole purpose of 
testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under regulations 
approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and (b).
    (g) The following procedures and test methods shall be used to 
determine compliance with the nitrogen oxides limit under Sec. 60.55a:
    (1) Method 19, section 4.1, shall be used for determining the daily 
arithmetic average nitrogen oxides emission rate.
    (2) An owner or operator may request that compliance with the 
nitrogen oxides emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (3) The owner or operator of an affected facility subject to the 
nitrogen oxides limit under Sec. 60.55a shall conduct an initial 
compliance test for nitrogen oxides as required under Sec. 60.8. 
Compliance with the nitrogen oxides emission standard shall be 
determined by using a CEMS for measuring nitrogen oxides and calculating 
a 24-hour daily arithmetic average emission rate using Method 19, 
section 4.1, except as specified under paragraph (g)(4) of this section.
    (4) For batch MWC's or MWC's that do not operate continuously, 
compliance shall be determined using a daily arithmetic average of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (5) The owner or operator of an affected facility subject to the 
nitrogen oxides emissions limit under Sec. 60.55a shall install, 
calibrate, maintain, and operate a CEMS for measuring nitrogen oxides 
discharged to the atmosphere and record the output of the system.
    (6) Following the initial compliance test or the date on which the 
initial compliance test is required to be completed under Sec. 60.8, 
compliance with the emission limit for nitrogen oxides required under 
Sec. 60.55a shall be determined based on the arithmetic average of the 
arithmetic average hourly emission rates during each 24-hour daily 
period measured between 12:00 midnight and the following midnight using 
CEMS data.
    (7) At a minimum valid CEMS data shall be obtained for 75 percent of 
the hours per day for 75 percent of the days per month the affected 
facility is operated and combusting MSW.
    (8) The 1-hour arithmetic averages required by paragraph (g)(6) of 
this section shall be expressed in parts per million volume (dry basis) 
and used to calculate the 24-hour daily arithmetic average emission 
rates. The 1-hour arithmetic averages shall be calculated using the data 
points required under Sec. 60.13(b). At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (9) All valid CEMS data must be used in calculating emission rates 
even if the minimum CEMS data requirements of paragraph (g)(7) of this 
section are not met.
    (10) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (11) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).

[[Page 217]]

    (12) When nitrogen oxides emissions data are not obtained because of 
CEMS breakdowns, repairs, calibration checks, and zero and span 
adjustments, emission data calculations to determine compliance shall be 
made using other monitoring systems as approved by the Administrator or 
Method 19 to provide as necessary valid emission data for a minimum of 
75 percent of the hours per day for 75 percent of the days per month the 
unit is operated and combusting MSW.
    (h) The following procedures shall be used for determining 
compliance with the operating standards under Sec. 60.56a:
    (1) Compliance with the carbon monoxide emission limits in Sec. 
60.56a(a) shall be determined using a 4-hour block arithmetic average 
for all types of affected facilities except mass burn rotary waterwall 
MWC's, RDF stokers, and spreader stoker/RDF mixed fuel-fired combustors.
    (2) For affected mass burn rotary waterwall MWC's, RDF stokers, and 
spreader stoker/RDF mixed fuel-fired combustors, compliance with the 
carbon monoxide emission limits in Sec. 60.56a(a) shall be determined 
using a 24-hour daily arithmetic average.
    (3) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring carbon monoxide at 
the combustor outlet and record the output of the system.
    (4) The 4-hour and 24-hour daily arithmetic averages in paragraphs 
(h) (1) and (2) of this section shall be calculated from 1-hour 
arithmetic averages expressed in parts per million by volume (dry 
basis). The 1-hour arithmetic averages shall be calculated using the 
data points generated by the CEMS. At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (5) An owner or operator may request that compliance with the carbon 
monoxide emission limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (6) The following procedures shall be used to determine compliance 
with load level requirements under Sec. 60.56a(b):
    (i) The owner or operator of an affected facility with steam 
generation capability shall install, calibrate, maintain, and operate a 
steam flow meter or a feedwater flow meter; measure steam or feedwater 
flow in kilograms per hour (pounds per hour) on a continuous basis; and 
record the output of the monitor. Steam or feedwater flow shall be 
calculated in 4-hour block arithmetic averages.
    (ii) The method included in ``American Society of Mechanical 
Engineers Power Test Codes: Test Code for Steam Generating Units, Power 
Test Code 4.1--1964'', Section 4 (incorporated by reference, see Sec. 
60.17) shall be used for calculating the steam (or feedwater flow) 
required under paragraph (h)(6)(i) of this section. The recommendations 
of ``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters, 6th 
edition (1971),'' chapter 4 (incorporated by reference, see Sec. 60.17) 
shall be followed for design, construction, installation, calibration, 
and use of nozzles and orifices except as specified in (h)(6)(iii) of 
this section.
    (iii) Measurement devices such as flow nozzles and orifices are not 
required to be recalibrated after they are installed.
    (iv) All signal conversion elements associated with steam (or 
feedwater flow) measurements must be calibrated according to the 
manufacturer's instructions before each dioxin/furan compliance and 
performance test, and at least once per year.
    (v) The owner or operator of an affected facility without heat 
recovery shall:
    (A) [Reserved]
    (7) To determine compliance with the maximum particulate matter 
control device temperature requirements under Sec. 60.56a(c), the owner 
or operator of an affected facility shall install, calibrate, maintain, 
and operate a device for measuring temperature of the flue gas stream at 
the inlet to the final particulate matter control device on a continuous 
basis and record the output of the

[[Page 218]]

device. Temperature shall be calculated in 4-hour block arithmetic 
averages.
    (8) Maximum demonstrated MWC unit load shall be determined during 
the initial compliance test for dioxins/furans and each subsequent 
performance test during which compliance with the dioxin/furan emission 
limit under Sec. 60.53a is achieved. Maximum demonstrated MWC unit load 
shall be the maximum 4-hour arithmetic average load achieved during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (9) The maximum demonstrated particulate matter control device 
temperature shall be determined during the initial compliance test for 
dioxins/furans and each subsequent performance test during which 
compliance with the dioxin/furan emission limit under Sec. 60.53a is 
achieved. Maximum demonstrated particulate matter control device 
temperature shall be the maximum 4-hour arithmetic average temperature 
achieved at the final particulate matter control device inlet during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (10) At a minimum, valid CEMS data for carbon monoxide, steam or 
feedwater flow, and particulate matter control device inlet temperature 
shall be obtained 75 percent of the hours per day for 75 percent of the 
days per month the affected facility is operated and combusting MSW.
    (11) All valid data must be used in calculating the parameters 
specified under paragraph (h) of this section even if the minimum data 
requirements of paragraph (h)(10) of this section are not met.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests for carbon monoxide CEMS shall be performed in accordance with 
Procedure 1 (appendix F).
    (i) [Reserved]
    (j) The following procedures shall be used for calculating MWC unit 
capacity as defined under Sec. 60.51a:
    (1) For MWC units capable of combusting MSW continuously for a 24-
hour period, MWC unit capacity, in megagrams per day (tons per day) of 
MSW combusted, shall be calculated based on 24 hours of operation at the 
maximum design charging rate. The design heating values under paragraph 
(j)(4) of this section shall be used in calculating the design charging 
rate.
    (2) For batch MWC units, MWC unit capacity, in megagrams per day 
(tons per day) of MSW combusted, shall be calculated as the maximum 
design amount of MSW that can be charged per batch multiplied by the 
maximum number of batches that could be processed in a 24-hour period. 
The maximum number of batches that could be processed in a 24-hour 
period is calculated as 24 hours divided by the design number of hours 
required to process one batch of MSW, and may include fractional 
batches.\1\ The design heating values under paragraph (j)(4) of this 
section shall be used in calculating the MWC unit capacity in megagrams 
per day (tons per day) of MSW.
---------------------------------------------------------------------------

    \1\ For example, if one batch requires 16 hours, then 24/16, or 1.5 
batches, could be combusted in a 24-hour period.
---------------------------------------------------------------------------

    (3) [Reserved]
    (4) The MWC unit capacity shall be calculated using a design heating 
value of 10,500 kilojoules per kilogram (4,500 British thermal units per 
pound) for all MSW.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec. 60.59a  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility located at an MWC 
plant with a capacity greater than 225 megagrams per day (250 tons per 
day) shall provide notification of intent to construct and of planned 
initial start-up date and the type(s) of fuels that they plan to combust 
in the affected facility. The MWC unit capacity and MWC plant capacity 
and supporting capacity calculations shall be provided at the time of 
the notification of construction.
    (b) The owner or operator of an affected facility located within a 
small or large MWC plant and subject to the standards under Sec. 
60.52a, Sec. 60.53a, Sec. 60.54a, Sec. 60.55a, Sec. 60.56a, or Sec. 
60.57a shall

[[Page 219]]

maintain records of the following information for each affected facility 
for a period of at least 2 years:
    (1) Calendar date.
    (2) The emission rates and parameters measured using CEMS as 
specified under (b)(2) (i) and (ii) of this section:
    (i) The following measurements shall be recorded in computer-
readable format and on paper:
    (A) All 6-minute average opacity levels required under Sec. 
60.58a(b).
    (B) All 1 hour average sulfur dioxide emission rates at the inlet 
and outlet of the acid gas control device if compliance is based on a 
percent reduction, or at the outlet only if compliance is based on the 
outlet emission limit, as specified under Sec. 60.58a(e).
    (C) All 1-hour average nitrogen oxides emission rates as specified 
under Sec. 60.58a(g).
    (D) All 1-hour average carbon monoxide emission rates, MWC unit load 
measurements, and particulate matter control device inlet temperatures 
as specified under Sec. 60.58a(h).
    (ii) The following average rates shall be computed and recorded:
    (A) All 24-hour daily geometric average percent reductions in sulfur 
dioxide emissions and all 24-hour daily geometric average sulfur dioxide 
emission rates as specified under Sec. 60.58a(e).
    (B) All 24-hour daily arithmetic average nitrogen oxides emission 
rates as specified under Sec. 60.58a(g).
    (C) All 4-hour block or 24-hour daily arithmetic average carbon 
monoxide emission rates, as applicable, as specified under Sec. 
60.58a(h).
    (D) All 4-hour block arithmetic average MWC unit load levels and 
particulate matter control device inlet temperatures as specified under 
Sec. 60.58a(h).
    (3) Identification of the operating days when any of the average 
emission rates, percent reductions, or operating parameters specified 
under paragraph (b)(2)(ii) of this section or the opacity level exceeded 
the applicable limits, with reasons for such exceedances as well as a 
description of corrective actions taken.
    (4) Identification of operating days for which the minimum number of 
hours of sulfur dioxide or nitrogen oxides emissions or operational data 
(carbon monoxide emissions, unit load, particulate matter control device 
temperature) have not been obtained, including reasons for not obtaining 
sufficient data and a description of corrective actions taken.
    (5) Identification of the times when sulfur dioxide or nitrogen 
oxides emission or operational data (carbon monoxide emissions, unit 
load, particulate matter control device temperature) have been excluded 
from the calculation of average emission rates or parameters and the 
reasons for excluding data.
    (6) The results of daily sulfur dioxide, nitrogen oxides, and carbon 
monoxide CEMS drift tests and accuracy assessments as required under 
appendix F, Procedure 1.
    (7) The results of all annual performance tests conducted to 
determine compliance with the particulate matter, dioxin/furan and 
hydrogen chloride limits. For all annual dioxin/furan tests, the maximum 
demonstrated MWC unit load and maximum demonstrated particulate matter 
control device temperature shall be recorded along with supporting 
calculations.
    (8)-(15) [Reserved]
    (c) Following the initial compliance test as required under Sec. 
Sec. 60.8 and 60.58a, the owner or operator of an affected facility 
located within a large MWC plant shall submit the initial compliance 
test data, the performance evaluation of the CEMS using the applicable 
performance specifications in appendix B, and the maximum demonstrated 
MWC unit load and maximum demonstrated particulate matter control device 
temperature established during the dioxin/furan compliance test.
    (d) [Reserved]
    (e)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports for sulfur 
dioxide, nitrogen oxide (if applicable), carbon monoxide, load level, 
and particulate matter control device temperature to the Administrator 
containing the information recorded under paragraphs (b)(1), (2)(ii), 
(4), (5), and (6) of this section for each pollutant or parameter. The 
hourly average values recorded under paragraph (b)(2)(i) of this section 
are not required to be included in the

[[Page 220]]

annual reports. Combustors firing a mixture of medical waste and other 
MSW shall also provide the information under paragraph (b)(15) of this 
section, as applicable, in each annual report. The owner or operator of 
an affected facility must submit reports semiannually once the affected 
facility is subject to permitting requirements under Title V of the Act.
    (2) The owner or operator shall submit a semiannual report for any 
pollutant or parameter that does not comply with the pollutant or 
parameter limits specified in this subpart. Such report shall include 
the information recorded under paragraph (b)(3) of this section. For 
each of the dates reported, include the sulfur dioxide, nitrogen oxide, 
carbon monoxide, load level, and particulate matter control device 
temperature data, as applicable, recorded under paragraphs (b)(2)(ii)(A) 
through (D) of this section.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual or semiannual period, as applicable.
    (f)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports, as applicable, 
for opacity. The annual report shall list the percent of the affected 
facility operating time for the reporting period that the opacity CEMS 
was operating and collecting valid data. Once the unit is subject to 
permitting requirements under Title V of the Act, the owner or operator 
of an affected facility must submit these reports semiannually.
    (2) The owner or operator shall submit a semiannual report for all 
periods when the 6-minute average levels exceeded the opacity limit 
under Sec. 60.52a. The semiannual report shall include all information 
recorded under paragraph (b)(3) of this section which pertains to 
opacity, and a listing of the 6-minute average opacity levels recorded 
under paragraph (b)(2)(i)(A) of this section, which exceeded the opacity 
limit.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual of semiannual period, as applicable.
    (g)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit reports to the Administrator of all 
annual performance tests for particulate matter, dioxin/furan, and 
hydrogen chloride as recorded under paragraph (b)(7) of this section, as 
applicable, from the affected facility. For each annual dioxin/furan 
compliance test, the maximum demonstrated MWC unit load and maximum 
demonstrated particulate matter control device temperature shall be 
reported. Such reports shall be submitted when available and in no case 
later than the date of required submittal of the annual report specified 
under paragraphs (e) and (f) of this section, or within six months of 
the date the test was conducted, whichever is earlier.
    (2) The owner or operator shall submit a report of test results 
which document any particulate matter, dioxin/furan, and hydrogen 
chloride levels that were above the applicable pollutant limit. The 
report shall include a copy of the test report documenting the emission 
levels and shall include the corrective action taken. Such reports shall 
be submitted when available and in no case later than the date required 
for submittal of any semiannual report required in paragraphs (e) or (f) 
of this section, or within six months of the date the test was 
conducted, whichever is earlier.
    (h) [Reserved]
    (i) Records of CEMS data for opacity, sulfur dioxide, nitrogen 
oxides, and carbon monoxide, load level data, and particulate matter 
control device temperature data shall be maintained for at least 2 years 
after date of recordation and be made available for inspection upon 
request.
    (j) Records showing the names of persons who have completed review 
of the operating manual, including the date of the initial review and 
all subsequent annual reviews, shall be maintained for at least 2 years 
after date of review and be made available for inspection upon request.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 64 
FR 7465, Feb. 12, 1999]

[[Page 221]]



Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

    Source: 60 FR 65419, Dec. 19, 1995, unless otherwise noted.



Sec. 60.50b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction, 
modification, or reconstruction is commenced after September 20, 1994.
    (b) Any waste combustion unit that is capable of combusting more 
than 250 tons per day of municipal solid waste and is subject to a 
federally enforceable permit limiting the maximum amount of municipal 
solid waste that may be combusted in the unit to less than or equal to 
11 tons per day is not subject to this subpart if the owner or operator:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) An affected facility to which this subpart applies is not 
subject to subpart E or Ea of this part.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies EPA of 
this exemption and provides data documenting that the facility qualifies 
for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim; and
    (2) [Reserved]
    (3) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under Sec. 60.51b, that meets 
the capacity specifications in paragraph (a) of this section is not 
subject to this subpart if the owner or operator of the cofired 
combustor:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other

[[Page 222]]

fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under Sec. 60.51b, located 
at a plant that meet the capacity specifications in paragraph (a) of 
this section and that combust a fuel stream composed of 100 percent yard 
waste are exempt from all provisions of this subpart except the opacity 
limit under Sec. 60.56b, the testing procedures under Sec. 60.58b(l), 
and the reporting and recordkeeping provisions under Sec. 60.59b (e) 
and (i).
    (l) Air curtain incinerators located at plants that meet the 
capacity specifications in paragraph (a) of this section combusting 
municipal solid waste other than yard waste are subject to all 
provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (n) The following authorities are retained by the Administrator of 
the U.S. EPA and are not transferred to a State:
    (1) Approval of exemption claims in paragraphs (b), (e), (f), (g) 
and (j) of this section;
    (2) Enforceability under Federal law of all Federally enforceable, 
as defined in Sec. 60.51b, limitations and conditions;
    (3) Determination of compliance with the siting requirements as 
specified in Sec. 60.57b(a);
    (4) Acceptance of relationship between carbon monoxide and oxygen as 
part of initial and annual performance tests as specified in Sec. 
60.58b(b)(7);
    (5) Approval of other monitoring systems used to obtain emissions 
data when data is not obtained by CEMS as specified in Sec. 
60.58b(e)(14), (h)(12), (i)(11), and (n)(14), and (p)(11);
    (6) Approval of a site-specific monitoring plan for the continuous 
emission monitoring system specified in ``60.58b(n)(13) and (o) of this 
section or the continuous automated sampling system specified in Sec. 
60.58b(p)(10) and (q) of this section;
    (7) Approval of major alternatives to test methods;
    (8) Approval of major alternatives to monitoring;
    (9) Waiver of recordkeeping; and
    (10) Performance test and data reduction waivers under ``608(b).
    (o) This subpart shall become effective June 19, 1996.
    (p) Cement kilns firing municipal solid waste are not subject to 
this subpart.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27335, May 10, 2006]



Sec. 60.51b  Definitions.

    Administrator means:
    (1) For approved and effective State Section 111(d)/129 plans, the 
Director of the State air pollution control agency, or employee of the 
State air pollution control agency that is delegated the authority to 
perform the specified task;
    (2) For Federal Section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which burning occurs. Incinerators of this type can be constructed above 
or below ground and

[[Page 223]]

with or without refractory walls and floor.
    Batch municipal waste combustor means a municipal waste combustor 
unit designed so that it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Calendar year means the period including 365 days starting January 1 
and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for daily onsite supervision, technical direction, 
management, and overall performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (including but not limited to railroad ties and 
telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single or multiple integrated sample(s) of the pollutant (or diluent 
gas) for subsequent on-or off-site analysis; integrated sample(s) 
collected are representative of the emissions for the sample time as 
specified by the applicable requirement.
    Continuous emission monitoring system means a monitoring system for 
continuously measuring the emissions of a pollutant from an affected 
facility.
    Dioxin/furan means tetra- through octa- chlorinated dibenzo-p-
dioxins and dibenzofurans.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Federally enforceable means all limitations and conditions that are 
enforceable by EPA including the requirements of 40 CFR part 60, 40 CFR 
part 61, and 40 CFR part 63, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    First calendar half means the period starting on January 1 and 
ending on June 30 in any year.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations when the affected facility is 
operating and combusting municipal solid waste measured over 4-hour 
periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. 
to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 
12:00 midnight.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary

[[Page 224]]

waterwall furnace or on a tumbling-tile grate.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Materials separation plan means a plan that identifies both a goal 
and an approach to separate certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include 
elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems. A materials separation plan may include different 
goals or approaches for different subareas in the service area, and may 
include no materials separation activities for certain subareas or, if 
warranted, an entire service area.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec. 
60.52b(c).
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec. 60.52b(c).
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made after 
June 19, 1996 if the cumulative cost of the changes, over the life of 
the unit, exceed 50 percent of the original cost of construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to current 
costs; or any physical change in the municipal waste combustor unit or 
change in the method of operation of the municipal waste combustor unit 
increases the amount of any air pollutant emitted by the unit for which 
standards have been established under section 129 or section 111. 
Increases in the amount of any air pollutant emitted by the municipal 
waste combustor unit are determined at 100-percent physical load 
capability and downstream of all air pollution control devices, with no 
consideration given for load restrictions based on permits or other 
nonphysical operational restrictions.
    Modular excess-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers, all of which are designed to operate at 
conditions with combustion air amounts in excess of theoretical air 
requirements.
    Modular starved-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers in which the primary combustion chamber is 
designed to operate at substoichiometric conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including

[[Page 225]]

motor vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec. 60.50b(g).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular 
incinerators (starved-air or excess-air), boilers (i.e., steam 
generating units), furnaces (whether suspension-fired, grate-fired, 
mass-fired, air curtain incinerators, or fluidized bed-fired), and 
pyrolysis/combustion units. Municipal waste combustors do not include 
pyrolysis/combustion units located at a plastics/rubber recycling unit 
(as specified in Sec. 60.50b(m)). Municipal waste combustors do not 
include cement kilns firing municipal solid waste (as specified in Sec. 
60.50b(p)). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of a municipal solid waste combustor are defined 
as follows. The municipal waste combustor unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
municipal waste combustor boundary starts at the municipal solid waste 
pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber,
    (ii) The combustor bottom ash system, which ends at the truck 
loading station or similar ash handling equipment that transfer the ash 
to final disposal, including all ash handling systems that are connected 
to the bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The municipal waste combustor unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set.
    Municipal waste combustor acid gases means all acid gases emitted in 
the exhaust gases from municipal waste combustor units including, but 
not limited to, sulfur dioxide and hydrogen chloride gases.
    Municipal waste combustor metals means metals and metal compounds 
emitted in the exhaust gases from municipal waste combustor units.
    Municipal waste combustor organics means organic compounds emitted 
in the exhaust gases from municipal waste combustor units and includes 
tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec. 60.50b) at the same location.
    Municipal waste combustor unit capacity means the maximum charging 
rate of a municipal waste combustor unit expressed in tons per day of 
municipal solid waste combusted, calculated according to the procedures 
under Sec. 60.58b(j). Section 60.58b(j) includes procedures for 
determining municipal waste combustor unit capacity for continuous and 
batch feed municipal waste combustors.
    Municipal waste combustor unit load means the steam load of the 
municipal waste combustor unit measured as specified in Sec. 
60.58b(i)(6).
    Particulate matter means total particulate matter emitted from 
municipal waste combustor units as measured by EPA Reference Method 5 
(see Sec. 60.58b(c)).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock

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and petroleum refinery feedstock produced by the plastics/rubber 
recycling unit on a calendar quarter basis shall be more than 70 percent 
of the combined weight of the plastics, rubber, and rubber tires 
processed by the plastics/rubber recycling unit on a calendar quarter 
basis. The plastics, rubber, and/or rubber tire feed materials to the 
plastics/rubber recycling unit may originate from the separation or 
diversion of plastics, rubber, or rubber tires from MSW or industrial 
solid waste, and may include manufacturing scraps, trimmings, and off-
specification plastics, rubber, and rubber tire discards. The plastics, 
rubber, and rubber tire feed materials to the plastics/rubber recycling 
unit may contain incidental contaminants (e.g., paper labels on plastic 
bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission concentration means the 
hydrogen chloride emission concentration that would occur from 
combustion of municipal solid waste in the absence of any emission 
controls for municipal waste combustor acid gases.
    Potential mercury emission concentration means the mercury emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any mercury emissions control.
    Potential sulfur dioxide emissions means the sulfur dioxide emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any emission controls for municipal waste combustor 
acid gases.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor means 
a combustor that fires coal and refuse-derived fuel simultaneously, in 
which pulverized coal is introduced into an air stream that carries the 
coal to the combustion chamber of the unit where it is fired in 
suspension. This includes both conventional pulverized coal and 
micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of municipal solid waste, and the gases, 
liquids, or solids produced are combusted and emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustor unit for 
which the reconstruction commenced after June 19, 1996, and the 
cumulative costs of the construction over the life of the unit exceed 50 
percent of the original cost of construction and installation of the 
unit (not including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant heat transfer section) of the combustor.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including low-density fluff refuse-derived fuel through densified 
refuse-derived fuel and pelletized refuse-derived fuel.
    Refuse-derived fuel stoker means a steam generating unit that 
combusts refuse-derived fuel in a semisuspension firing mode using air-
fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control including properties that are separated only 
by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof including any municipality or other governmental 
unit, or any quasi-governmental authority (e.g., a public utility 
district or regional waste disposal authority).
    Second calendar half means the period starting July 1 and ending on 
December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the facility during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
means a combustor that fires coal and refuse-derived fuel 
simultaneously, in which coal is introduced to the combustion

[[Page 227]]

zone by a mechanism that throws the fuel onto a grate from above. 
Combustion takes place both in suspension and on the grate.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Total mass dioxin/furan or total mass means the total mass of tetra- 
through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as 
determined using EPA Reference Method 23 and the procedures specified 
under Sec. 60.58b(g).
    Tumbling-tile means a grate tile hinged at one end and attached to a 
ram at the other end. When the ram extends, the grate tile rotates 
around the hinged end.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the affected facility is operating and 
combusting municipal solid waste measured over a 24-hour period between 
12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of municipal 
solid waste in this section. Yard waste does not include clean wood, 
which is exempt from the definition of municipal solid waste in this 
section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 66 FR 36476, July 12, 2001; 71 FR 27335, May 10, 2006]



Sec. 60.52b  Standards for municipal waste combustor metals, acid 

gases, organics, and nitrogen oxides.

    (a) The limits for municipal waste combustor metals are specified in 
paragraphs (a)(1) through (a)(5) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain particulate matter in excess of the limits specified 
in paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 24 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 20 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that exhibit greater than 10 percent opacity (6-minute average).
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain cadmium in excess of the limits specified in 
paragraph (a)(3)(i) or (a)(3)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 20 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.

[[Page 228]]

    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 10 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain lead in excess of the limits specified in paragraph 
(a)(4)(i) or (a)(4)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 200 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 140 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain mercury in excess of the limits specified in 
paragraph (a)(5)(i) or (a)(5)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994 and on or 
before December 19, 2005, the emission limit is 80 micrograms per dry 
standard cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 50 micrograms per dry standard cubic meter, or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent.
    (b) The limits for municipal waste combustor acid gases are 
specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain sulfur dioxide in excess of 30 parts per million by 
volume or 20 percent of the potential sulfur dioxide emission 
concentration (80-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. The averaging 
time is specified under Sec. 60.58b(e).
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain hydrogen chloride in excess of 25 parts per million 
by volume or 5 percent of the potential hydrogen chloride emission 
concentration (95-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent.
    (c) The limits for municipal waste combustor organics are specified 
in paragraphs (c)(1) and (c)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification or reconstruction commences on or before 
November 20, 1997 shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain dioxin/furan emissions 
that exceed 30 nanograms per dry standard cubic meter (total mass), 
corrected to 7 percent oxygen, for the first 3 years following the date 
of initial startup. After the first 3 years following the date of 
initial startup, no

[[Page 229]]

owner or operator shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain dioxin/furan total mass 
emissions that exceed 13 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification, or reconstruction commences after November 
20, 1997 shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain dioxin/furan total mass 
emissions that exceed 13 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (d) The limits for nitrogen oxides are specified in paragraphs 
(d)(1) and (d)(2) of this section.
    (1) During the first year of operation after the date on which the 
initial performance test is completed or is required to be completed 
under Sec. 60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 180 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec. 60.58b(h).
    (2) After the first year of operation following the date on which 
the initial performance test is completed or is required to be completed 
under Sec. 60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 150 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec. 60.58b(h).

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 71 FR 27336, May 10, 2006]



Sec. 60.53b  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain carbon monoxide in excess of the emission limits 
specified in table 1 of this subpart.

         Table 1--Municipal Waste Combustor Operating Standards
------------------------------------------------------------------------
                                       Carbon monoxide
                                       emission limit
Municipal waste combustor technology     (parts per      Averaging time
                                         million by        (hours) \b\
                                         volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.................               100                 4
Mass burn refractory................               100                 4
Mass burn rotary waterwall..........               100                24
Modular starved air.................                50                 4
Modular excess air..................                50                 4
Refuse-derived fuel stoker..........               150                24
Bubbling fluidized bed combustor....               100                 4
Circulating fluidized bed combustor.               100                 4
Pulverized coal/refuse-derived fuel                150                 4
 mixed fuel-fired combustor.........
Spreader stoker coal/refuse-derived                150                24
 fuel mixed fuel-fired combustor....
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in greater detail in Sec.
  60.58b(i).
\b\ Averaging times are 4-hour or 24-hour block averages.

    (b) No owner or operator of an affected facility shall cause such 
facility to operate at a load level greater than 110 percent of the 
maximum demonstrated municipal waste combustor unit load as defined in 
Sec. 60.51b, except as specified in paragraphs (b)(1) and (b)(2) of 
this section. The averaging time is specified under Sec. 60.58b(i).
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/

[[Page 230]]

furan or mercury performance test, no municipal waste combustor unit 
load limit is applicable if the provisions of paragraph (b)(2) of this 
section are met.
    (2) The municipal waste combustor unit load limit may be waived in 
writing by the Administrator for the purpose of evaluating system 
performance, testing new technology or control technologies, diagnostic 
testing, or related activities for the purpose of improving facility 
performance or advancing the state-of-the-art for controlling facility 
emissions. The municipal waste combustor unit load limit continues to 
apply, and remains enforceable, until and unless the Administrator 
grants the waiver.
    (c) No owner or operator of an affected facility shall cause such 
facility to operate at a temperature, measured at the particulate matter 
control device inlet, exceeding 17 [deg]C above the maximum demonstrated 
particulate matter control device temperature as defined in Sec. 
60.51b, except as specified in paragraphs (c)(1) and (c)(2) of this 
section. The averaging time is specified under Sec. 60.58b(i). The 
requirements specified in this paragraph apply to each particulate 
matter control device utilized at the affected facility.
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no particulate matter control device temperature limitations are 
applicable if the provisions of paragraph (b)(2) of this section are 
met.
    (2) The particulate matter control device temperature limits may be 
waived in writing by the Administrator for the purpose of evaluating 
system performance, testing new technology or control technologies, 
diagnostic testing, or related activities for the purpose of improving 
facility performance or advancing the state-of-the-art for controlling 
facility emissions. The temperature limits continue to apply, and remain 
enforceable, until and unless the Administrator grants the waiver.
    (d) Paragraph (m)(2) of Sec. 60.58b addresses treatment of 
activated carbon injection rate during dioxin/furan or mercury testing.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27336, May 10, 2006]



Sec. 60.54b  Standards for municipal waste combustor operator 

training and certification.

    (a) No later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall obtain and maintain a 
current provisional operator certification from either the American 
Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference--
see Sec. 60.17 of subpart A of this part)] or a State certification 
program.
    (b) Not later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall have completed full 
certification or shall have scheduled a full certification exam with 
either the American Society of Mechanical Engineers [QRO-1-1994 
(incorporated by reference--see Sec. 60.17 of subpart A of this part)] 
or a State certification program.
    (c) No owner or operator of an affected facility shall allow the 
facility to be operated at any time unless one of the following persons 
is on duty and at the affected facility: A fully certified chief 
facility operator, a provisionally certified chief facility operator who 
is scheduled to take the full certification exam according to the 
schedule specified in paragraph (b) of this section, a fully certified 
shift supervisor, or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam according to the schedule 
specified in paragraph (b) of this section.
    (1) The requirement specified in paragraph (c) of this section shall 
take effect 6 months after the date of startup of the affected fa